Common use of Company Not Surviving Following Exchange Event Clause in Contracts

Company Not Surviving Following Exchange Event. Upon an Exchange Event in which the Company does not continue as the publicly held reporting entity, the definitive agreement will provide for the holders of Rights to receive the same per share consideration the holders of the shares of Common Stock will receive in such transaction, for the number of shares such holder is entitled to pursuant to Section 3.3.1 above. If the Company does not continue as the publicly held reporting entity upon an Exchange Event, each holder of a Right will automatically receive the one-tenth (1/10) of one share of Common Stock underlying each right (without paying any additional consideration) upon consummation of the Exchange Event.

Company Not Surviving Following Exchange Event. Upon an Exchange Event in which the Company does not continue as the publicly held reporting entity, the definitive agreement will provide for the holders of Rights to receive the same per share consideration the holders of the shares of Common Stock will receive in such transaction, for the number of shares such holder is entitled to pursuant to Section 3.3.1 above. If the Company does not continue as the publicly held reporting entity upon an Exchange Event, each holder of a Right will automatically receive the one-tenth twentieth (1/101/20) of one share of Common Stock underlying each right (without paying any additional consideration) upon consummation of the Exchange Event.

Company Not Surviving Following Exchange Event. Upon an Exchange Event in which the Company does not continue as the publicly held reporting entity, the definitive agreement will provide for the holders of Rights to receive the same per share consideration the holders of the shares of Common Stock will receive in such transaction, for the number of shares such holder is entitled to pursuant to Section 3.3.1 above. If the Company does not continue as the publicly held reporting entity upon an Exchange Event, each holder of a Right will automatically receive the one-tenth (1/10) of one share of Common Stock underlying each right (without paying any additional consideration) upon consummation of the Exchange Event.

Company Not Surviving Following Exchange Event. Upon an If the Exchange Event results in which the Company does not continue continuing as the publicly held reporting entitysurviving company, the definitive agreement will provide for the holders of Rights to receive the same per share consideration as the holders of the shares of Common Stock will receive in such transactionconnection with the Exchange Event, for the number of shares such holder is entitled to pursuant to Section 3.3.1 3.1 above. If the Company does not continue as the publicly held reporting entity upon an Exchange Event, and each holder of a Right will automatically be required to affirmatively convert his, her or its Rights in order to receive the one-tenth twentieth (1/101/20) of one share of Common Stock underlying each right Right (without paying any additional consideration) upon consummation of the Exchange Event.