Common use of Capital Reorganizations Clause in Contracts

Capital Reorganizations. If there shall be any consolidation or merger to which the Company is a party, other than a consolidation or a merger in which the Company is a continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value) in, outstanding shares of Common Stock, or any sale or conveyance of the property of the Company as an entirety or substantially as an entirety (any such event being called a "Capital Reorganization"), then effective upon the effective date of such Capital Reorganization, the Holder shall have the right to purchase, upon exercise of this Warrant, the kind and amount of shares of stock and other securities and property (including cash) which the Holder would have owned or have been entitled to receive after such Capital Reorganization if this Warrant had been exercised immediately prior to such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to each Holder an agreement as to the Holders' rights in accordance with this Section 3.04, providing for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article III. The provisions of this Section 3.04 shall similarly apply to successive Capital Reorganizations.

Capital Reorganizations. If there shall be any consolidation or merger to which the Company is a party, other than a consolidation or a merger in which the Company is a the continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par valueShare Reorganization) in, outstanding shares of Common StockShares, or any sale or conveyance of the property of the Company as an entirety or substantially as an entirety entirety, or any recapitalization of the Company (any such event being called a "Capital Reorganization"), then then, effective upon the effective date of such Capital Reorganization, the Holder shall have the right to purchase, upon exercise of this Warrant, the kind and amount of shares of stock and other securities and property (including cash) which the Holder would have owned or have been entitled to receive after such Capital Reorganization if this Warrant had been exercised immediately prior to the effective date of such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to each Holder Warrantholder and to the Warrant Agency an agreement as to the HoldersWarrantholders' rights in accordance with this Section 3.044.5, providing for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IIIIV. The provisions of this Section 3.04 4.5 shall similarly apply to successive Capital Reorganizations.