Common use of Antidilution Provisions Clause in Contracts

Antidilution Provisions. (a) Reorganization, Reclassification or Recapitalization of the ----------------------------------------------------------- Borrower. In case of (i) a capital reorganization, reclassification or -------- recapitalization of the Borrower's capital stock (other than in the cases referred to in Section 4(c) hereof), (ii) the Borrower's consolidation or merger with or into another corporation in which the Borrower is not the surviving entity, or a merger in which the Borrower is the surviving entity but the shares of the Borrower's capital stock outstanding immediately prior to the merger are converted, by virtue of the merger, into other property, whether in the form of securities, cash or otherwise, or (iii) the sale or transfer of all or substantially all of the Borrower's assets, then, as part of such reorganization, reclassification, recapitalization, merger, consolidation, sale or transfer, lawful provision shall be made so that there shall thereafter be deliverable upon the Conversion or Mandatory Conversion of the Principal Sum and Interest or any portion thereof (in lieu of or in addition to the number of shares of Common Stock theretofore deliverable, as appropriate) and without payment of any additional consideration, the number of shares of stock or other securities or property to which the holder of the number of shares of Common Stock which would otherwise have been deliverable upon the Conversion or Mandatory Conversion of the Principal Sum and Interest or any portion thereof at the time of such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer would have been entitled to receive in such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer. This Section 4(a) shall apply to successive reorganizations, reclassifications, recapitalizations, consolidations, mergers, sales and transfers and to the stock or securities of any other corporation that are at the time receivable upon the Conversion or Mandatory Conversion of the Principal Sum and Interest or any portion thereof. If the per share consideration payable to the Lender for shares of Common Stock in connection with any transaction described in this Section 4(a) is in a form other than cash or marketable securities, then the value of such consideration shall be determined in good faith by the Borrower's board of directors.

Antidilution Provisions. (a) Reorganization, Reclassification or Recapitalization of the ----------------------------------------------------------- BorrowerCompany. In case of (i) a capital reorganization, reclassification or -------- recapitalization of the BorrowerCompany's capital stock (other than in the cases referred to in Section 4(c2(c) hereof), (ii) the BorrowerCompany's consolidation or merger with or into another corporation in which the Borrower Company is not the surviving entity, or a merger in which the Borrower Company is the surviving entity but the shares of the BorrowerCompany's capital stock outstanding immediately prior to the merger are converted, by virtue of the merger, into other property, whether in the form of securities, cash or otherwise, or (iii) the sale or transfer of all or substantially all of the BorrowerCompany's assets, then, as part of such reorganization, reclassification, recapitalization, merger, consolidation, sale or transfer, lawful provision shall be made so that there shall thereafter be deliverable upon the Conversion or Mandatory Conversion exercise of the Principal Sum and Interest this Warrant or any portion thereof (in lieu of or in addition to the number of shares of Common Stock theretofore deliverable, as appropriate) and without payment of any additional consideration, the number of shares of stock or other securities or of property to which the holder of the number of shares of Common Stock which would otherwise have been deliverable upon the Conversion exercise or Mandatory Conversion conversion of the Principal Sum and Interest this Warrant or any portion thereof at the time of such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer would have been entitled to receive in such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer. This Section 4(a2(a) shall apply to successive reorganizations, reclassifications, recapitalizations, consolidations, mergers, sales and transfers and to the stock or securities of any other corporation that are at the time receivable upon the Conversion exercise or Mandatory Conversion conversion of the Principal Sum and Interest this Warrant or any portion thereof. If the per share consideration payable to the Lender Holder for shares of Common Stock in connection with any transaction described in this Section 4(a2(a) is in a form other than cash or marketable securities, then the value of such consideration shall be determined in good faith by the Borrower's board of directorsBoard.

Antidilution Provisions. (a) Reorganization, Reclassification or Recapitalization of the ----------------------------------------------------------- BorrowerCompany. In case of (i) a capital reorganization, reclassification or -------- ------- recapitalization of the BorrowerCompany's capital stock (other than in the cases referred to in Section 4(c2(c) hereof), (ii) the BorrowerCompany's consolidation or merger with or into another corporation in which the Borrower Company is not the surviving entity, or a merger in which the Borrower Company is the surviving entity but the shares of the BorrowerCompany's capital stock outstanding immediately prior to the merger are converted, by virtue of the merger, into other property, whether in the form of securities, cash or otherwise, or (iii) the sale or transfer of all or substantially all of the BorrowerCompany's assets, then, as part of such reorganization, reclassification, recapitalization, merger, consolidation, sale or transfer, lawful provision shall be made so that there shall thereafter be deliverable upon the Conversion or Mandatory Conversion exercise of the Principal Sum and Interest this Warrant or any portion thereof (in lieu of or in addition to the number of shares of Common Stock theretofore deliverable, as appropriate) and without payment of any additional consideration, the number of shares of stock or other securities or of property to which the holder of the number of shares of Common Stock which would otherwise have been deliverable upon the Conversion exercise or Mandatory Conversion conversion of the Principal Sum and Interest this Warrant or any portion thereof at the time of such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer would have been entitled to receive in such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer. This Section 4(a2(a) shall apply to successive reorganizations, reclassifications, recapitalizations, consolidations, mergers, sales and transfers and to the stock or securities of any other corporation that are at the time receivable upon the Conversion exercise or Mandatory Conversion conversion of the Principal Sum and Interest this Warrant or any portion thereof. If the per share consideration payable to the Lender Holder for shares of Common Stock in connection with any transaction described in this Section 4(a2(a) is in a form other than cash or marketable securities, then the value of such consideration shall be determined in good faith by the Borrower's board of directorsBoard.

Antidilution Provisions. (a) Reorganization, Reclassification or Recapitalization of the ----------------------------------------------------------- Borrower. -------------------------------------------------------------------- In case of (i) a capital reorganization, reclassification or -------- recapitalization of the Borrower's capital stock (other than in the cases referred to in Section 4(c) hereof), (ii) the Borrower's consolidation or merger with or into another corporation in which the Borrower is not the surviving entity, or a merger in which the Borrower is the surviving entity but the shares of the Borrower's capital stock outstanding immediately prior to the merger are converted, by virtue of the merger, into other property, whether in the form of securities, cash or otherwise, or (iii) the sale or transfer of all or substantially all of the Borrower's assets, then, as part of such reorganization, reclassification, recapitalization, merger, consolidation, sale or transfer, lawful provision shall be made so that there shall thereafter be deliverable upon the Conversion or Mandatory Conversion of the Principal Sum and Interest or any portion thereof (in lieu of or in addition to the number of shares of Common Stock theretofore deliverable, as appropriate) and without payment of any additional consideration, the number of shares of stock or other securities or property to which the holder of the number of shares of Common Stock which would otherwise have been deliverable upon the Conversion or Mandatory Conversion of the Principal Sum and Interest or any portion thereof at the time of such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer would have been entitled to receive in such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer. This Section 4(a) shall apply to successive reorganizations, reclassifications, recapitalizations, consolidations, mergers, sales and transfers and to the stock or securities of any other corporation that are at the time receivable upon the Conversion or Mandatory Conversion of the Principal Sum and Interest or any portion thereof. If the per share consideration payable to the Lender for shares of Common Stock in connection with any transaction described in this Section 4(a) is in a form other than cash or marketable securities, then the value of such consideration shall be determined in good faith by the Borrower's board of directors.

Antidilution Provisions. (a) ReorganizationREORGANIZATION, Reclassification or Recapitalization of the ----------------------------------------------------------- BorrowerRECLASSIFICATION OR RECAPITALIZATION OF THE BORROWER. In case of (i) a capital reorganization, reclassification or -------- recapitalization of the Borrower's capital stock (other than in the cases referred to in Section 4(c3(c) hereof), (ii) the Borrower's consolidation or merger with or into another corporation in which the Borrower is not the surviving entity, or a merger in which the Borrower is the surviving entity but the shares of the Borrower's capital stock outstanding immediately prior to the merger are converted, by virtue of the merger, into other property, whether in the form of securities, cash or otherwise, or (iii) the sale or transfer of all or substantially all of the Borrower's assets, then, as part of such reorganization, reclassification, recapitalization, merger, consolidation, sale or transfer, lawful provision shall be made so that there shall thereafter be deliverable upon the Conversion or Mandatory Conversion of the Principal Sum Amount and Interest or any portion thereof (in lieu of or in addition to the number of shares of Common Stock theretofore deliverable, as appropriate) and without payment of any additional consideration, the number of shares of stock or other securities or property to which the holder of the number of shares of Common Stock which would otherwise have been deliverable upon the Conversion or Mandatory Conversion of the Principal Sum Amount and Interest or any portion thereof at the time of such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer would have been entitled to receive in such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer. This Section 4(a3(a) shall apply to successive reorganizations, reclassifications, recapitalizations, consolidations, mergers, sales and transfers and to the stock or securities of any other corporation that are at the time receivable upon the Conversion or Mandatory Conversion of the Principal Sum Amount and Interest or any portion thereof. If the per share consideration payable to the Lender for shares of Common Stock in connection with any transaction described in this Section 4(a3(a) is in a form other than cash or marketable securities, then the value of such consideration shall be determined in good faith by the Borrower's board of directors.

Antidilution Provisions. (a) Reorganization, Reclassification or Recapitalization of the ----------------------------------------------------------- BorrowerCompany. In case of (i) a capital reorganization, reclassification or -------- recapitalization of the Borrower's capital stock Common Stock (other than in the cases referred to in Section 4(c2(c) hereof), (ii) the BorrowerCompany's consolidation or merger with or into another corporation in which the Borrower Company is not the surviving entity, or a merger in which the Borrower Company is the surviving entity but the shares of the BorrowerCompany's capital stock Common Stock outstanding immediately prior to the merger are converted, by virtue of the merger, into other property, whether in the form of securities, cash or otherwise, or (iii) the sale or transfer of all or substantially all of the BorrowerCompany's assets, then, as part of such reorganization, reclassification, recapitalization, merger, consolidation, sale or transfer, lawful provision shall be made so that there shall thereafter be deliverable upon the Conversion or Mandatory Conversion conversion of the Principal Sum and Interest Note or exercise of the Warrant or any portion thereof (in lieu of or in addition to the number of shares of Common Stock theretofore deliverable, as appropriate) and without payment of any additional consideration, the number of shares of stock or other securities or of property to which the holder of the number of shares of Common Stock which would otherwise have been deliverable upon the Conversion or Mandatory Conversion conversion of the Principal Sum and Interest Note or exercise of the Warrant or any portion thereof at the time of such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer would have been entitled to receive in such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer. This Section 4(a2(a) shall apply to successive reorganizations, reclassifications, recapitalizations, consolidations, mergers, sales and transfers and to the stock or securities of any other corporation that are at the time receivable upon the Conversion or Mandatory Conversion conversion of the Principal Sum and Interest Note or exercise of the Warrant or any portion thereof. If the per share consideration payable to the Lender Purchaser for shares of Common Stock Shares in connection with any transaction described in this Section 4(a2(a) is in a form other than cash or marketable securities, then the value of such consideration shall be determined in good faith by the Borrower's board Company’s Board of directorsDirectors.

Antidilution Provisions. (a) Reorganization4.1. REORGANIZATION, Reclassification or Recapitalization of the ----------------------------------------------------------- BorrowerRECLASSIFICATION OR RECAPITALIZATION OF COMPANY. In case of (i1) a capital reorganization, reclassification or -------- recapitalization of the BorrowerCompany's capital stock (other than in the cases referred to in of Section 4(c) 4.3 hereof), (ii2) the BorrowerCompany's consolidation or merger with or into another corporation in which the Borrower Company is not the surviving entity, or a reverse triangular merger in which the Borrower Company is the surviving entity but the shares of the BorrowerCompany's capital stock outstanding immediately prior to the merger are converted, by virtue of the merger, into other property, whether in the form of securities, cash or otherwise, or (iii3) the sale or transfer of all Company's property as an entirety or substantially all of the Borrower's assetsas an entirety (collectively, a "Corporate Transaction"), then, as part of such reorganization, reclassification, recapitalization, merger, consolidation, sale or transferCorporate Transaction, lawful provision shall be made so that there shall thereafter be deliverable upon the Conversion or Mandatory Conversion exercise of the Principal Sum and Interest this Warrant or any portion thereof (in lieu of or in addition to the number of shares of Common Stock theretofore deliverable, as appropriate) ), and without payment of any additional consideration, the number of shares of stock or other securities or property to which the holder of the number of shares of Common Stock which would otherwise have been deliverable upon the Conversion or Mandatory Conversion exercise of the Principal Sum and Interest this Warrant or any portion thereof at the time of such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer Corporate Transaction would have been entitled to receive in such reorganization, reclassification, recapitalization, consolidation, merger, sale or transferCorporate Transaction. This Section 4(a) 4.1 shall apply to successive reorganizations, reclassifications, recapitalizations, consolidations, mergers, sales and transfers and to the stock or securities of any other corporation that are at the time receivable upon the Conversion or Mandatory Conversion exercise of the Principal Sum and Interest or any portion thereofthis Warrant. If the per per-share consideration payable to the Lender Holder for shares of Common Stock in connection with any transaction described in this Section 4(a) 4.1 is in a form other than cash or marketable securities, then the value of such consideration shall be determined in good faith by the BorrowerCompany's board Board of directorsDirectors.

Antidilution Provisions. (a) Reorganization, Reclassification or Recapitalization of the ----------------------------------------------------------- BorrowerCompany. In case of (i) a capital reorganization, reclassification or -------- recapitalization of the BorrowerCompany's capital stock (other than in the cases referred to in Section 4(c2(c) hereof), (ii) the BorrowerCompany's consolidation or merger with or into another corporation in which the Borrower Company is not the surviving entity, or a merger in which the Borrower Company is the surviving entity but the shares of the BorrowerCompany's capital stock outstanding immediately prior to the merger are converted, by virtue of the merger, into other property, whether in the form of securities, cash or otherwise, or (iii) the sale or transfer of all or substantially all of the BorrowerCompany's assets, then, as part of such reorganization, reclassification, recapitalization, merger, consolidation, sale or transfer, lawful provision shall be made so that there shall thereafter be deliverable upon the Conversion or Mandatory Conversion exercise of the Principal Sum and Interest this Warrant or any portion thereof (in lieu of or in addition to the number of shares of Common Stock theretofore deliverable, as appropriate) and without payment of any additional consideration, the number of shares of stock or other securities or of property to which the holder of the number of shares of Common Stock which would otherwise have been deliverable upon the Conversion or Mandatory Conversion exercise of the Principal Sum and Interest this Warrant or any portion thereof at the time of such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer would have been entitled to receive in such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer. This Section 4(a2(a) shall apply to successive reorganizations, reclassifications, recapitalizations, consolidations, mergers, sales and transfers and to the stock or securities of any other corporation that are at the time receivable upon the Conversion or Mandatory Conversion exercise of the Principal Sum and Interest this Warrant or any portion thereof. If the per share consideration payable to the Lender Holder for shares of Common Stock in connection with any transaction described in this Section 4(a2(a) is in a form other than cash or marketable securities, then the value of such consideration shall be determined in good faith by the Borrower's board of directorsBoard.

Antidilution Provisions. (a) ReorganizationREORGANIZATION, Reclassification or Recapitalization of the ----------------------------------------------------------- BorrowerRECLASSIFICATION OR RECAPITALIZATION OF THE BORROWER. In case of (i) a capital reorganization, reclassification or -------- recapitalization of the Borrower's capital stock (other than in the cases referred to in Section 4(c3(c) hereof), (ii) the Borrower's consolidation or merger with or into another corporation in which the Borrower is not the surviving entity, or a merger in which the Borrower is the surviving entity but the shares of the Borrower's capital stock outstanding immediately prior to the merger are converted, by virtue of the merger, into other property, whether in the form of securities, cash or otherwise, or (iii) the sale or transfer of all or substantially all of the Borrower's assets, then, as part of such reorganization, reclassification, recapitalization, merger, consolidation, sale or transfer, lawful provision shall be made so that there shall thereafter be deliverable upon the Conversion or Mandatory Conversion of the Principal Sum and Interest or any portion thereof (in lieu of or in addition to the number of shares of Common Stock theretofore deliverable, as appropriate) and without payment of any additional consideration, the number of shares of stock or other securities or property to which the holder of the number of shares of Common Stock which would otherwise have been deliverable upon the Conversion or Mandatory Conversion of the Principal Sum and Interest or any portion thereof at the time of such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer would have been entitled to receive in such reorganization, reclassification, recapitalization, consolidation, merger, sale or transfer. This Section 4(a3(a) shall apply to successive reorganizations, reclassifications, recapitalizations, consolidations, mergers, sales and transfers and to the stock or securities of any other corporation that are at the time receivable upon the Conversion or Mandatory Conversion of the Principal Sum and Interest or any portion thereof. If the per share consideration payable to the Lender for shares of Common Stock in connection with any transaction described in this Section 4(a3(a) is in a form other than cash or marketable securities, then the value of such consideration shall be determined in good faith by the Borrower's board of directors.