Common use of Adjustments for Reorganization Clause in Contracts

Adjustments for Reorganization. If the Borrower shall be reorganized or shall be merged into or consolidate with any another entity or shall sell all or substantially all of its assets or another entity shall be merged into Borrower and in connection therewith common stock of the Borrower shall be changed or converted into Successor Assets (as hereinafter defined), or if the Borrower shall issue by reclassification of its shares of common stock any shares of capital stock of the Borrower (each such event, an "Organic Change"), then, as a condition of such Organic Change, lawful and adequate provision shall be made whereby the Holder shall thereafter have the right to receive upon the basis and upon the terms and conditions specified herein and in lieu of the shares of common stock immediately theretofore receivable upon conversion of this Note, such shares of stock, securities, assets or cash (collectively, the "Successor Assets") as may (by virtue of such Organic Change) be issued or payable with respect to or in exchange for a number of outstanding shares of common stock equal to the number of shares of common stock immediately theretofore so receivable by the Holder hereunder had such Organic Change not taken place. In any such case, appropriate provisions shall be made with respect to the rights and interests of the Holder to the end that the provisions of this Section 5 (including, without limitation, provisions for adjustment of the Conversion Price) shall thereafter be applicable as nearly as may be, in relation to any Successor Assets thereafter deliverable upon conversion of this Note.

Adjustments for Reorganization. If the Borrower shall be reorganized or shall be merged into or consolidate with any another entity Person or shall sell all or substantially all of its assets or another entity Person shall be merged into Borrower and in connection therewith common stock Common Stock of the Borrower shall be changed or converted into Successor Assets (as hereinafter defined), or if the Borrower shall issue by reclassification of its shares of common stock Common Stock any shares of capital stock of the Borrower (each such event, an "Organic Change"), then, as a condition of such Organic Change, lawful and adequate provision shall be made whereby the Holder shall thereafter have the right to receive upon the basis and upon the terms and conditions specified herein and in lieu of the shares of common stock Common Stock immediately theretofore receivable upon conversion of this Note, such shares of stock, securities, assets or cash (collectively, the "Successor Assets") as may (by virtue of such Organic Change) be issued or payable with respect to or in exchange for a number of outstanding shares of common stock Common Stock equal to the number of shares of common stock Common Stock immediately theretofore so receivable by the Holder hereunder had such Organic Change not taken place. In any such case, appropriate provisions shall be made with respect to the rights and interests of the Holder to the end that the provisions of this Section 5 (including, without limitation, provisions for adjustment of the Conversion Price) shall thereafter be applicable as nearly as may be, in relation to any Successor Assets thereafter deliverable upon conversion of this Note.