Common use of Amendments of Organizational Documents Clause in Contracts

Amendments of Organizational Documents. The Company shall not amend its Articles of Incorporation, by-laws or other organizational documents in any way (whether by merger or otherwise) which would (i) adversely affect the Warrant Holder or the holders of Warrant Shares in any manner different from such amendment’s effect on the class of Shares taken as a whole, (ii) create any class of equity interests or securities other than the Shares (or securities which are convertible or exchangeable into Shares) or (iii) result in a change in the Company’s organizational form; provided that upon request of the Warrant Holder in connection with any proposed registration hereunder of Warrant Shares held by the Warrant Holder and for purposes of complying with any law or regulation applicable to the Warrant Holder which shall be confirmed by an opinion of counsel for the Warrant Holder, the Company will amend its Articles of Incorporation or other organizational documents (such amendment to be satisfactory in form and substance to the Warrant Holder), and take such other action as is necessary, to provide for the issuance of a class of non-voting Shares, the holders of which will have identical rights to those of the holders of the Shares, except for voting rights, and to the effect that the Warrant Holder or any of its Affiliates, as holders of such non-voting Shares shall not have the right to exchange and convert such non-voting shares for Shares but that any transferee of the Warrant Holder or any of its affiliates shall have the right to exchange and convert such non-voting shares for Shares. If the Articles of Incorporation or other organizational documents of the Company so amended upon the request of the Warrant Holder, any Warrants still held by the Warrant Holder after the registration of any of its Warrant Shares shall be deemed to be Warrants for the purchase of such Shares but otherwise shall have the same rights and benefits as the original Warrant.

Amendments of Organizational Documents. The Company shall not amend its Articles of Incorporation, by-laws or other organizational documents in any way (whether by merger or otherwise) which would (i) adversely affect the Warrant Holder or the holders of Warrant Shares in any manner different from such amendment’s effect on the class of Shares taken as a whole, (ii) create any class of equity interests or securities other than the Shares (or securities which are convertible or exchangeable into Shares) or (iii) result in a change in the Company’s organizational form; provided that upon Upon request of the Warrant Holder in connection with any proposed registration hereunder of Warrant Shares held by the Warrant Holder and for purposes of complying with any law or regulation applicable to the Warrant Holder which shall be confirmed by an opinion of counsel for the Warrant Holder, the Company will amend its Articles of Incorporation Charter or other organizational documents (such amendment to be satisfactory in form and substance to the Warrant Holder), and take such other action as is necessary, to provide for the issuance of a class of non-voting Shares, the holders of which will have identical rights to those of the holders of the Shares, except for voting rights, and to the effect that the Warrant Holder or any of its Affiliates, as holders of such non-voting Shares shall not have the right to exchange and convert such non-voting shares units for Shares but that any transferee of the Warrant Holder or any of its affiliates Affiliates shall have the right to exchange and convert such non-voting shares units for Shares. If the Articles of Incorporation Charter or other organizational documents of the Company so amended upon the request of the Warrant Holder, any Warrants still held by the Warrant Holder after the registration of any of its Warrant Shares shall be deemed to be Warrants for the purchase of such Shares but otherwise shall have the same rights and benefits as the original Warrant.