Common use of Capital Reorganization, Capital Reclassifications, Merger, Etc Clause in Contracts

Capital Reorganization, Capital Reclassifications, Merger, Etc. If, at any time after the Closing Date, there shall be any capital reorganization or any reclassification of the capital stock of the Company (other than a change in par value or from par value to no par value or from no par value to par value or as a result of a stock dividend or subdivision, split-up or combination of shares to which Section 5.2 applies) or the Company shall consolidate with, merge with or into, or sell all or substantially all of its assets or property to, another Person, then in each case the Company shall cause effective provision to be made so that each Warrant shall, effective as of the effective date of such event retroactive to the record date, if any, of such event, be exercisable for the kind and number of shares of stock, other securities, cash or other property to which a holder of the number of Warrant Shares issuable upon exercise of such Warrant would have been entitled upon such event. In any such case, if necessary, the provisions of this Agreement and the Warrants with respect to the rights and interests thereafter of the Holders of the Warrants shall be appropriately adjusted so as to be applicable, as nearly as may reasonably be, to any shares of stock, other securities, cash or other property thereafter deliverable upon the exercise of the Warrants.

Capital Reorganization, Capital Reclassifications, Merger, Etc. If, at any time after the Closing Date, (i) there shall be any capital reorganization or any reclassification of the capital stock of the Company (other than a change in par value or from par value to no par value or from no par value to par value or as a result of a stock dividend or subdivision, split-up or combination of shares to which Section 5.2 4.02 applies or any distribution to which Section 4.04 applies) or (ii) the Company shall consolidate with, merge with or into, or sell all or substantially all of its assets or property to, another Person, then in each case the Company shall cause effective provision to be made so that each Warrant shallsuch case, effective as of the effective date of such event retroactive to the record date, if any, of such event, each Note Warrant shall be exercisable for the kind and number of shares of stock, other securities, cash or other property to which a holder of the number of Note Warrant Shares issuable upon exercise of such Note Warrant would have been entitled to receive and/or to continue to hold upon such event. In any such case, if necessary, the provisions of this Agreement (including this Article IV) and the Note Warrants with respect to the rights and interests thereafter of the Holders of the Note Warrants shall be appropriately adjusted so as to be applicable, as nearly as may reasonably be, to any shares of stock, other securities, cash or other property thereafter deliverable upon the exercise of the Note Warrants.