Common use of Certain Events Not Deemed Transfers Clause in Contracts

Certain Events Not Deemed Transfers. Except as contemplated by Section 3.3, in no event shall any of the following constitute a transfer of Common Shares for purposes of Section 3.1, 3.2 or 3.3 or be subject to the terms hereof: (a) an exchange, reclassification or other conversion of Common Shares into any cash, securities or other property pursuant to a merger, consolidation or recapitalization of the Company or any Subsidiary with, or a sale or transfer by the Company or any Subsidiary of all or substantially all its assets to, any Person or (b) a conversion of outstanding Common Share Equivalents into Common Shares in accordance with the terms thereof.

Certain Events Not Deemed Transfers. Except as contemplated by Section 3.3, in In no event shall any of the following constitute a transfer sale of Common Shares for purposes of Section 3.1, 3.2 Article IV or 3.3 V or be subject to the terms hereof: (a) an exchange, reclassification reclassification, or other conversion of Common Shares into any cash, securities securities, or other property pursuant to a merger, consolidation consolidation, or recapitalization of the Company or any Subsidiary of the Company with, or a sale or transfer by the Company or any Subsidiary of the Company of all or substantially all its assets to, any Person or (b) a conversion of outstanding Common Share Equivalents into Common Shares in accordance with the terms thereof.

Certain Events Not Deemed Transfers. Except as contemplated by Section 3.3, in no event shall any of the following constitute a transfer or sale of Common Shares for purposes of Section 3.1, 3.2 3.2, 3.3 or 3.3 3.4 or be subject to the terms hereof: (a) an exchange, reclassification or other conversion of Common Shares into any cash, securities or other property pursuant to a merger, consolidation or recapitalization of the Company or any Subsidiary thereof with, or a sale or transfer by the Company or any Subsidiary thereof of all or substantially all its assets to, any Person or (b) a conversion of outstanding Common Share Equivalents into Common Shares in accordance with the terms thereof.

Certain Events Not Deemed Transfers. Except as contemplated by Section 3.3, in no event shall any of the following constitute a transfer of Common Shares for purposes of Section 3.1, 3.2 3.2, 3.3 or 3.3 3.4 or be subject to the terms hereof: (a) an exchange, reclassification or other conversion of Common Shares into any cash, securities or other property pursuant to a merger, consolidation or recapitalization of the Company or any Subsidiary with, or a sale or transfer by the Company or any Subsidiary of all or substantially all its assets to, any Person or (b) a conversion of outstanding Common Share Equivalents into Common Shares in accordance with the terms thereof.