Common use of Merger, Sale of Assets, etc Clause in Contracts

Merger, Sale of Assets, etc. If at any time while this Warrant, or any portion hereof, is outstanding and unexpired there shall be a: (i) reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), (ii) merger or consolidation of the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the shares of the Company’s capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash or otherwise, or (iii) sale or transfer of the Company’s properties and assets as, or substantially as, an entirety to any other person, then, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, the number of shares of Common Stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before such reorganization, merger, consolidation, sale or transfer.

Merger, Sale of Assets, etc. If at any time while this Warrant, or any portion hereofthereof, is outstanding and unexpired there shall be a: (i) a reorganization (other than a combination, reclassification, exchange or subdivision of shares securities otherwise provided for herein), (ii) a merger or consolidation of the Company with or into another corporation entity in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the Company’s shares of the Company’s capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash or otherwise, or (iii) a sale or transfer of the Company’s properties and assets as, or substantially as, an entirety to any other person, then, as a part this Warrant shall thereafter represent the right to acquire the number of Shares or other securities or property which the Holder of this Warrant would have owned immediately after the consummation of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that if the Holder of this Warrant shall thereafter be entitled to receive upon exercise of had exercised this Warrant, during Warrant immediately before the period specified herein and upon payment effective date of the Exercise Price then in effect, the number of shares of Common Stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before such reorganization, merger, consolidation, sale or transfer.

Merger, Sale of Assets, etc. If at any time while this Warrant, or any portion hereofthereof, is outstanding and unexpired there shall be a: (i) a reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), (ii) a merger or consolidation of the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, property whether in the form of securities, cash or otherwise, or (iii) a sale or transfer of the Company’s 's properties and assets as, or substantially as, an entirety to any other person, then, as a part this Warrant shall thereafter represent the right to acquire the number of shares of stock or other securities which the Holder of this Warrant would have owned immediately after the consummation of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that if the Holder of this Warrant shall thereafter be entitled to receive upon exercise of had exercised this Warrant, during Warrant immediately before the period specified herein and upon payment effective date of the Exercise Price then in effect, the number of shares of Common Stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before such reorganization, merger, consolidation, sale or transfer.

Merger, Sale of Assets, etc. If In the event the Company, at any time while prior to the Holder's exercise of this Warrant, or any portion hereof, is outstanding and unexpired there shall be a: (i) reorganization reorganizes (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for hereinsubdivision), ; (ii) merger merges or consolidation of consolidates the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger merges with another corporation in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash or otherwise, ; or (iii) sale sells or transfer of transfers the Company’s 's properties and assets as, or substantially as, an entirety to any other person, then, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, Warrant the number of shares of Common Stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares securities deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before prior to such reorganization, merger, consolidation, sale or transfer.

Merger, Sale of Assets, etc. If If, at any time while this Warrant, or any portion hereof, is remains outstanding and unexpired there shall be a: (i) a reorganization (other than a combination, reclassification, exchange reclassification or subdivision of shares otherwise provided for herein), (ii) a merger or consolidation of the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash or otherwise, or (iii) a sale or transfer of the Company’s 's properties and assets assets, as, or substantially as, an entirety to any other person, then, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, the number of shares of Common Stock stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before such reorganization, merger, consolidation, sale or transfer, all subject to further adjustment as provided in Section 2(a); and in such case the terms of this Section 2 shall be applicable to the shares of stock or other securities properly receivable upon exercise of this warrant after such consummation.

Merger, Sale of Assets, etc. If In the event the Company, at any time while prior to the Holder's exercise of this Warrant, or any portion hereof, is outstanding and unexpired there shall be a: (i) reorganization reorganizes (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for hereinsubdivision), ; (ii) merger merges or consolidation of consolidates the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger merges with another corporation in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash or otherwise, ; or (iii) sale sells or transfer of transfers the Company’s 's properties and assets (other than the SRM Sale (as defined in the Notes)) as, or substantially as, an entirety to any other person, then, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, Warrant the number of shares of Common Stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares securities deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before prior to such reorganization, merger, consolidation, sale or transfer.

Merger, Sale of Assets, etc. If at any time while this Warrant, or any portion hereof, Warrant is outstanding and unexpired there shall be a: (i) a reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), (ii) a merger or consolidation of the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash cash, or otherwise, or (iii) a sale or transfer of the Company’s 's properties and assets as, or substantially as, an entirety entity to any other person, then, as a part of prior to such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder holder of this Warrant shall thereafter be entitled to receive upon may exercise of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, and in the number of shares of Common Stock or other securities or property event that any of the successor corporation resulting from purchase rights represented by this Warrant have not yet vested in accordance with Section 3(a) hereof prior to such reorganization, merger, consolidation, sale or transfer, at the option of the new entity created by such reorganization, merger or consolidation or the purchaser or transferee in such sale or transfer, (A) the purchase rights represented by this Warrant shall vest effective immediately prior to the effective date of such reorganization, merger, consolidation, sale or transfer that or (B) such new entity, purchaser or transferee shall issue a holder new warrant to purchase shares of such entity on similar terms as contained in this Warrant effective as of the shares deliverable upon exercise closing of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before such reorganization, merger, consolidation, sale or transfer.

Merger, Sale of Assets, etc. If at any time while this WarrantOption, or any portion hereof, is outstanding and unexpired there shall be a: (i) a reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), (ii) a merger or consolidation of the Company Corporation with or into another corporation in which the Company Corporation is not the surviving entity, or a reverse triangular merger in which the Company Corporation is the surviving entity but the shares of the Company’s Corporation's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash cash, or otherwise, or (iii) a sale or transfer of the Company’s Corporation's properties and assets as, or substantially as, an entirety to any other person, then, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder holder of this Warrant Option shall thereafter be entitled to receive upon exercise of this WarrantOption, during the period specified herein and upon payment of the Exercise Price then in effect, the number of shares of Common Stock stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a such holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant Option had been exercised immediately before such reorganization, merger, consolidation, sale or transfer.

Merger, Sale of Assets, etc. If at any time while this Warrant, or any portion hereofthereof, is outstanding and unexpired there shall be a: (i) a reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), (ii) a merger or of consolidation of the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash cash, or otherwise, or (iii) a sale or transfer of the Company’s 's properties and assets as, or substantially as, an entirety to any other person, then, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, the number of shares of Common Stock stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, merger, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before such reorganization, merger, consolidation, sale or transfer., all subject to further adjustment as provided in this Section 12. The foregoing provisions of this Section 12(a)

Merger, Sale of Assets, etc. If at any time while this Warrant, or any portion hereofthereof, is outstanding and unexpired there shall be (a: (i) a reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), (iib) a merger or consolidation of the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash or otherwise, or (iiic) a sale or transfer of the Company’s 's properties and assets as, or substantially as, an entirety to any other person, thenthen the Company shall provide the holder of this Warrant with not less than thirty (30) days, prior written notice of such event and an opportunity to exercise this Warrant effective upon the consummation of such event, so that, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, Warrant the number of shares of Common Stock stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before transfer. The Company shall not effect any such reorganizationconsolidation, merger, consolidationsale, sale transfer or transferother disposition unless prior to or simultaneously with the consummation thereof the successor corporation (if other than the Company) resulting from such consolidation or merger, or the corporation purchasing or otherwise acquiring such assets or other appropriate corporation or entity shall agree to deliver to the holder of the Warrant, upon its exercise and payment of the Exercise Price then in effect, such shares of stock, securities or assets as, in accordance with the foregoing provisions, such holder may be entitled to purchase.

Merger, Sale of Assets, etc. If at any time while this Warrant, or any portion hereofthereof, is outstanding and unexpired there shall be a: (i) a reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), (ii) a merger or consolidation of the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the shares of the Company’s capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, property whether in the form of securities, cash or otherwise, or (iii) a sale or transfer of the Company’s properties and assets as, as or substantially as, an entirety to any other person, then, as a part this Warrant shall thereafter represent the right to acquire the number of shares of stock or other securities which the Holder of this Warrant would have owned immediately after the consummation of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that if the Holder of this Warrant shall thereafter be entitled to receive upon exercise of had exercised this Warrant, during Warrant immediately before the period specified herein and upon payment effective date of the Exercise Price then in effect, the number of shares of Common Stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before such reorganization, merger, consolidation, sale or transfer.

Merger, Sale of Assets, etc. (i) If at any time while this Warrant, Warrant or any portion hereof, hereof is outstanding and unexpired unexpired, there shall be a: (iA) a reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), ; (iiB) a merger or consolidation of the Company with or into another corporation in which the Company is not the surviving entity, entity or a merger (including a reverse triangular merger merger) in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash cash, or otherwise, ; or (iiiC) a sale or transfer of the Company’s 's properties and assets as, or substantially as, an entirety to any other person, then, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, the number of shares of Common Stock stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before such reorganization, consolidation, merger, consolidation, sale or transfer, all subject to further adjustment as provided in this Section 11.

Merger, Sale of Assets, etc. If at any time while this Warrant, or any portion hereof, is outstanding and unexpired there shall be a: (i) a reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein) of the Company, or any other entity the stock or securities of which are at the time deliverable on the exercise of this Warrant (such other entity being referred to herein as an "Other Entity"), (ii) a merger or consolidation of the Company or an Other Entity with or into another corporation entity in which the Company or the Other Entity, as the case may be, is not the surviving entity, or a reverse triangular merger in which the Company or the Other Entity, as the case may be, is the surviving entity but the shares of the Company’s 's or Other Entity's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, property whether in the form of securities, cash or otherwise, or (iii) a sale or transfer of the Company’s 's or an Other Entity's properties and assets as, or substantially as, an entirety to any other personPerson, thenor (iv) a liquidation of the Company or an Other Entity, as a part then this Warrant shall thereafter represent the right to acquire the number of shares of stock or other securities which the Holder would have owned immediately after the consummation of such reorganization, merger, consolidation, sale or sale, transfer, lawful provision shall be made so that or liquidation if the Holder of had exercised this Warrant shall thereafter be entitled to receive upon exercise immediately before the effective date of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, the number of shares of Common Stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale sale, transfer, or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before such reorganization, merger, consolidation, sale or transferliquidation.

Merger, Sale of Assets, etc. If at any time while this Warrant, or any portion hereofthereof, is outstanding and unexpired there shall be a: (i) a reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), (ii) a merger or consolidation of the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash cash, or otherwise, or (iii) a sale or transfer of the Company’s 's properties and assets as, or substantially as, an entirety to any other person, then, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, the number of shares of Common Stock stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before such reorganization, merger, consolidation, sale or transfer., all subject to further adjustment as provided in this Section 11. The foregoing provisions of this Section 11.1 shall similarly apply to successive reorganizations, consolidations, mergers, sales and transfers and to the stock or securities of any other corporation that are at the time receivable upon the exercise of this Warrant. If the per-share consideration payable to the

Merger, Sale of Assets, etc. If at any time while this Warrant, or any portion hereofthereof, is outstanding and unexpired there shall be (a: (i) a reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), (iib) a merger or consolidation of the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash or otherwise, or (iiic) a sale or transfer of the Company’s 's properties and assets as, or substantially as, an entirety to any other person, thenthen the Company shall provide the holder of this Warrant with not less than thirty (30) days' prior written notice of such event and an opportunity to exercise this Warrant effective upon the consummation of such event, so that, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, Warrant the number of shares of Common Stock stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before transfer. The Company shall not effect any such reorganizationconsolidation, merger, consolidationsale, sale transfer or transferother disposition unless prior to or simultaneously with the consummation thereof the successor corporation (if other than the Company) resulting from such consolidation or merger, or the corporation purchasing or otherwise acquiring such assets or other appropriate corporation or entity shall agree to deliver to the holder of the Warrant, upon its exercise and payment of the Exercise Price then in effect, such shares of stock, securities or assets as, in accordance with the foregoing provisions, such holder may be entitled to purchase.

Merger, Sale of Assets, etc. If at any time while this Warrant, or any portion hereofthereof, is outstanding and unexpired there shall be (a: (i) a reorganization of the Company (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), (iib) a merger or consolidation of the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash or otherwise, or (iiic) a sale or transfer of the Company’s 's properties and assets as, or substantially as, an entirety to any other person, thenthen the Company shall provide the Holder with not less than thirty (30) days, prior written notice of such event and an opportunity to exercise this Warrant prior to the consummation of such event, so that, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, Warrant the number of shares of Common Stock stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, consolidation, merger, sale or transfer if transfer. If the Holder does not exercise this Warrant had been exercised immediately before prior to or simultaneously with any such reorganization, consolidation, merger, sale, transfer or other disposition, this Warrant shall be canceled. The Company shall not effect any such consolidation, sale merger, sale, transfer or transferother disposition unless prior to or simultaneously with the consummation thereof the successor corporation (if other than the Company) resulting from such consolidation or merger, or the corporation purchasing or otherwise acquiring such assets or other appropriate corporation or entity shall agree to deliver to the Holder upon its exercise and payment of the Exercise Price then in effect, such shares of stock, securities or assets, as, in accordance with the foregoing provisions, such Holder would be entitled to purchase.

Merger, Sale of Assets, etc. If at any time time, while this Warrant, or any portion hereof, is Warrant remains outstanding and unexpired there shall be a: (i) a reorganization (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), (ii) a merger or consolidation of the Company with or into another corporation in which the Company is not the surviving entity, or a reverse triangular merger in which the Company is the surviving entity but the shares of the Company’s 's capital stock outstanding immediately prior to the merger are converted by virtue of the merger into other property, whether in the form of securities, cash cash, or otherwise, or (iii) a sale or transfer of all or substantially all of the Company’s 's properties and assets as, or substantially as, an entirety to any other person, then, as a part of such reorganization, merger, consolidation, sale or transfer, lawful provision shall be made so that the Holder holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified herein Term and upon payment of the Exercise Price then in effectthe manner set forth in Section 3, the number of shares of Common Stock stock or other securities or property of the successor corporation resulting from such reorganization, merger, consolidation, sale or transfer that a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in such reorganization, merger, consolidation, merger, sale or transfer if this Warrant had been exercised immediately before such reorganization, merger, consolidation, sale or transfer, all subject to further adjustment as provided in this Section 9.