Common use of Consolidations, Mergers and Reorganization Events Clause in Contracts

Consolidations, Mergers and Reorganization Events. In case of any consolidation or merger to which the Corporation is a party other than a merger or consolidation in which the Corporation is the continuing corporation, or in case of any sale, transfer or other disposition to another corporation of all or substantially all of the assets of the Corporation, or in the case of any statutory exchange of securities with another corporation (including any exchange effected in connection with a merger of a third corporation into the Corporation), there shall be no adjustment under Subsection (a) of this Section 5; but the Holder of each Warrant then outstanding shall have the right thereafter to convert such Warrant into the kind and amount of shares of stock and other securities and property which the Holder would have owned or have been entitled to receive immediately after such consolidation, merger, statutory exchange, sale or transfer had such Warrant been converted immediately prior to the effective date of such consolidation, merger, statutory exchange, sale or transfer and, in any such case, if necessary, appropriate adjustment shall be made in the application of the provisions set forth in this Section with respect to the rights and interests thereafter of any Holders of the Warrant, to the end that the provisions set forth in this Section shall thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares of stock and other securities and property thereafter deliverable on the exercise of the Warrant. The provisions of this Subsection shall similarly apply to successive consolidations, mergers, statutory exchanges, sales or transfers.

Consolidations, Mergers and Reorganization Events. In case of any consolidation or merger to which the Corporation is a party other than a merger or consolidation in which the Corporation is the continuing corporation, or in case of any sale, transfer sale or other disposition conveyance to another corporation of all the property of the Corporation as an entirety or substantially all of the assets of the Corporationas an entirety, or in the case of any statutory exchange of securities with another corporation (including any exchange effected in connection with a merger of a third corporation into the Corporation), there shall be no adjustment under Subsection (a) of this Section 5; but the Holder of each Warrant then outstanding shall have the right thereafter to convert such Warrant into the kind and amount of shares of stock and other securities and property which the Holder he would have owned or have been entitled to receive immediately after such consolidation, merger, statutory exchange, sale or transfer conveyance had such Warrant been converted immediately prior to the effective date of such consolidation, merger, statutory exchange, sale or transfer conveyance and, in any such case, if necessary, appropriate adjustment shall be made in the application of the provisions set forth in this Section with respect to the rights and interests thereafter of any Holders of the Warrant, to the end that the provisions set forth in this Section shall thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares of stock and other securities and property thereafter deliverable on the exercise of the Warrant. The provisions of this Subsection shall similarly apply to successive consolidations, mergers, statutory exchanges, sales or transfersconveyances.

Consolidations, Mergers and Reorganization Events. In case of any consolidation or merger to which the Corporation Company is a party other than a merger or consolidation in which the Corporation Company is the continuing corporation, or in case of any sale, transfer sale or other disposition conveyance to another corporation of all the property of the Company as an entirety or substantially all of the assets of the Corporationas an entirety, or in the case of any statutory exchange of securities with another corporation (including any exchange effected in connection with a merger of a third corporation into the CorporationCompany), there shall be no adjustment under Subsection (a) of this Section 5; but the Holder of each Warrant then outstanding shall have the right thereafter to convert such Warrant into the kind and amount of shares of stock and other securities and property which the Holder he would have owned or have been entitled to receive immediately after such consolidation, merger, statutory exchange, sale or transfer conveyance had such Warrant been converted immediately prior to the effective date of such consolidation, merger, statutory exchange, sale or transfer conveyance and, in any such case, if necessary, appropriate adjustment shall be made in the application of the provisions set forth in this Section with respect to the rights and interests thereafter of any Holders of the Warrant, to the end that the provisions set forth in this Section shall thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares of stock and other securities and property thereafter deliverable on the exercise of the Warrant. The provisions of this Subsection shall similarly apply to successive consolidations, mergers, statutory exchanges, sales or transfersconveyances.

Consolidations, Mergers and Reorganization Events. In case of any consolidation or merger to which the Corporation Company is a party other than a merger or consolidation in which the Corporation Company is the continuing corporationCompany, or in case of any sale, transfer sale or other disposition conveyance to another corporation Company of all the property of the Company as an entirety or substantially all of the assets of the Corporationas an entirety, or in the case of any statutory exchange of securities with another corporation Company (including any exchange effected in connection with a merger of a third corporation Company into the CorporationCompany), there shall be no adjustment under Subsection (a) of this Section 5; but the Holder of each Warrant Option then outstanding shall have the right thereafter to convert such Warrant Option into the kind and amount of shares of stock and other securities and property which the Holder he would have owned or have been entitled to receive immediately after such consolidation, merger, statutory exchange, sale or transfer conveyance had such Warrant Option been converted immediately prior to the effective date of such consolidation, merger, statutory exchange, sale or transfer conveyance and, in any such case, if necessary, appropriate adjustment shall be made in the application of the provisions set forth in this Section with respect to the rights and interests thereafter of any Holders of the WarrantOption, to the end that the provisions set forth in this Section shall thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares of stock and other securities and property thereafter deliverable on the exercise of the WarrantOption. The provisions of this Subsection shall similarly apply to successive consolidations, mergers, statutory exchanges, sales or transfersconveyances.