Common use of Capital Reorganization, Merger or Sale of Assets Clause in Contracts

Capital Reorganization, Merger or Sale of Assets. If at any time or from time to time there shall be a capital reorganization of the Common Stock (other than a subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 2) or a merger, consolidation or similar business combination of the Company with or into another entity, or the sale, assignment, lease or transfer of all or substantially all of the Company's properties and assets to any other person, or the sale of a majority of the voting securities of the Company in one transaction or a series of related transactions (any of which events is herein referred to as a "Reorganization"), then as a part of such Reorganization, provision shall be made so that the Holder, upon the exercise or exchange hereof at any time on or after the consummation of such Reorganization, shall be entitled to receive, in lieu of the stock or other securities and property receivable upon the exercise or exchange hereof, the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such Reorganization, to which such Holder would have been entitled if such Holder had exercised or exchanged this Warrant immediately prior thereto, all such subject to further adjustment as set forth in this Section 2. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 2 with respect to the rights of the Holder after the Reorganization, to the end that the provisions of this Section 2 shall be applicable after that event in as nearly equivalent a manner as may be practicable.

Capital Reorganization, Merger or Sale of Assets. If at any time ------------------------------------------------ or from time to time there shall be a capital reorganization of the Common Stock (other than a subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 2) or a merger, consolidation or similar business combination of the Company with or into another entity, or the sale, assignment, lease or transfer of all or substantially all of the Company's properties and assets to any other person, or the sale of a majority of the voting securities of the Company in one transaction or a series of related transactions (any of which events is herein referred to as a "Reorganization"), then as a part of such Reorganization, provision shall be made so that the Holder, upon the exercise or exchange hereof at any time on or after the consummation of such Reorganization, shall be entitled to receive, in lieu of the stock or other securities and property receivable upon the exercise or exchange hereof, the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such Reorganization, to which such Holder would have been entitled if such Holder had exercised or exchanged this Warrant immediately prior thereto, all such subject to further adjustment as set forth in this Section 2. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 2 with respect to the rights of the Holder after the Reorganization, to the end that the provisions of this Section 2 shall be applicable after that event in as nearly equivalent a manner as may be practicable.

Capital Reorganization, Merger or Sale of Assets. If at any time or from time to time there shall be a capital reorganization of the Common Stock (other than a subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 25(d) above or a merger, merger or consolidation or similar business combination of the Company with or into another entitycorporation, or the sale, assignment, lease or transfer sale of all or substantially all of the Company's properties and assets to any other person, or the sale any transaction or series of a majority related transactions in which more than fifty percent (50%) of the outstanding voting securities of the Company in one transaction (on an as converted basis) is sold or a series of related transactions assigned (any of which events is herein referred to as a "Reorganization"), then as a part of such Reorganization, provision shall be made so that the Holder, upon holders of the exercise or exchange hereof at any time on or after the consummation of such Reorganization, Series A Preferred Stock shall thereafter be entitled to receive, in lieu receive upon conversion of the stock or other securities and property receivable upon the exercise or exchange hereofSeries A Preferred Stock, the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such Reorganization, to which such Holder holder would have been entitled if such Holder holder had exercised or exchanged this Warrant converted its shares of Series A Preferred Stock immediately prior thereto, all to such subject to further adjustment as set forth in this Section 2Reorganization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 2 5 with respect to the rights of the Holder holders of the Series A Preferred Stock after the Reorganization, to the end that the provisions of this Section 2 5 (including adjustment of the number of shares issuable upon conversion of the Series A Preferred Stock) shall be applicable after that event in as nearly equivalent a manner as may be practicable.