Common use of Capital Reorganizations Clause in Contracts

Capital Reorganizations. If there shall be any consolidation or merger to which Cross Match is a party, other than a consolidation or a merger of which Cross Match is the continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization) in, outstanding shares of Common Stock, or any sale or conveyance of the property of Cross Match as an entity or substantially as an entity, or any recapitalization of Cross Match (any such event being called a “Capital Reorganization”), then, effective upon the effective date of such Capital Reorganization, the Holder shall no longer have the right to purchase Common Stock, but shall have instead 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 pursuant to 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, Cross Match or the successor or surviving corporation, as the case may be, shall execute and deliver to the Holder (and to Cross Match, if applicable) an agreement as to the Holder’s rights in accordance with this Section 3.3, providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article III. The provisions of this Section 3.3 shall similarly apply to successive Capital Reorganizations.

Capital Reorganizations. If there shall be any consolidation or merger to which Cross Match CROSS MATCH is a party, other than a consolidation or a merger of which Cross Match CROSS MATCH is the continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization) in, outstanding shares of Common Stock, or any sale or conveyance of the property of Cross Match CROSS MATCH as an entity or substantially as an entity, or any recapitalization of Cross Match CROSS MATCH (any such event being called a “Capital Reorganization”), then, effective upon the effective date of such Capital Reorganization, the Holder shall no longer have the right to purchase Common Stock, but shall have instead 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 pursuant to 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, Cross Match CROSS MATCH or the successor or surviving corporation, as the case may be, shall execute and deliver to the Holder (and to Cross MatchCROSS MATCH, if applicable) an agreement as to the Holder’s rights in accordance with this Section 3.3, providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article III. The provisions of this Section 3.3 shall similarly apply to successive Capital Reorganizations.

Capital Reorganizations. If there shall be any consolidation or merger to which Cross Match the Company is a party, other than a consolidation or a merger of in which Cross Match the Company is the continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization) in, outstanding shares of Common Stockthe same class as the Warrant Shares, or any sale or conveyance of the property of Cross Match the Company as an entity entirety or substantially as an entityentirety, or any recapitalization of Cross Match the Company (any such event being called a “"Capital Reorganization”"), then, effective upon the effective date of such Capital Reorganization, the Holder shall no longer have the right to purchase Common Stockthe Warrant Shares, but shall have instead 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 pursuant to 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, Cross Match the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to the Holder (each Warrantholder and to Cross Match, if applicable) the Company an agreement as to the Holder’s Warrantholder's rights in accordance with this Section 3.35.3, providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article III. V. The provisions of this Section 3.3 5.3 shall similarly apply to successive Capital Reorganizations.

Capital Reorganizations. If there shall be any consolidation or merger to which Cross Match CROSS MATCH is a party, other than a consolidation or a merger of which Cross Match CROSS MATCH is the continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization) in, outstanding shares of Common Stock, or any sale or conveyance of the property of Cross Match CROSS MATCH as an entity entirely or substantially as an entityentirety, or any recapitalization of Cross Match CROSS MATCH (any such event being called a “Capital Reorganization”), then, effective upon the effective date of such Capital Reorganization, the Holder shall no longer have the right to purchase Common Stock, but shall have instead 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 pursuant to 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, Cross Match CROSS MATCH or the successor or surviving corporation, as the case may be, shall execute and deliver to the Holder (and to Cross Match, if applicable) CROSS MATCH an agreement as to the Holder’s rights in accordance with this Section 3.3, providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article III. The provisions of this Section 3.3 shall similarly apply to successive Capital Reorganizations.

Capital Reorganizations. If there shall be any consolidation or merger to which Cross Match ERHC is a party, other than a consolidation or a merger of which Cross Match ERHC is the continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization) in, outstanding shares of Common Stock, or any sale or conveyance of the property of Cross Match ERHC as an entity entirety or substantially as an entityentirety, or any recapitalization of Cross Match ERHC (any such event being called a “"Capital Reorganization”"), then, effective upon the effective date of such Capital Reorganization, the Holder shall no longer have the right to purchase Common Stock, but shall have instead 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 pursuant to 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, Cross Match ERHC or the successor or surviving corporation, as the case may be, shall execute and deliver to the Holder (and to Cross Match, if applicable) ERHC an agreement as to the Holder’s 's rights in accordance with this Section 3.33.4, providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article III. The provisions of this Section 3.3 3.4 shall similarly apply to successive Capital Reorganizations.