Common use of Mergers and Other Reorganizations Clause in Contracts

Mergers and Other Reorganizations. If at any time or from time to time there shall be a capital reorganization of the Common Units (other than a subdivision, combination or reclassification provided for elsewhere in this Section 3.4) or a merger or consolidation of the Company with or into another corporation or entity or the sale of all or substantially all of the Company’s assets and properties to any other person, then, as part of and as a condition to the effectiveness of such reorganization, merger, consolidation or sale, lawful and adequate provision shall be made so that the holders of Series A Preferred Units shall thereafter be entitled to receive upon conversion of the Series A Preferred Units the number of Units of stock or other securities or property of the Company or of any successor corporation or entity resulting from such merger or consolidation or sale to which a holder of Common Units deliverable upon conversion would have been entitled on such capital reorganization, merger, consolidation, or sale. In any such case, appropriate provisions shall be made with respect to the rights of the holders of the Series A Preferred Units after the reorganization, merger, consolidation or sale to the end that the provisions of this Section 3.4 (including, without limitation, provisions for adjustment of the Series A Conversion Price applicable to the Series A Preferred Units and the number of Units purchasable upon conversion of the Series A Preferred Units) shall thereafter be applicable, as nearly as may be, with respect to any shares of stock, securities or assets to be deliverable thereafter upon the conversion of the Series A Preferred Units.

Mergers and Other Reorganizations. If Unless such transaction is an Extraordinary Transaction in which the holders of the Convertible Preferred Stock elect redemption (in which case Section 4(a)(ii) shall apply and this subsection shall not apply), if at any time or from time to time there shall be a capital reorganization of the Common Units Stock (other than a subdivision, combination or reclassification provided for elsewhere in this Section 3.46) or a merger or consolidation of the Company Corporation with or into another corporation or entity Corporation or the sale of all or substantially all of the Company’s Corporation's properties and assets and properties to any other person, then, as part of and as a condition to the effectiveness of such reorganization, merger, consolidation or sale, lawful and adequate provision shall be made so that the holders of Series A the Convertible Preferred Units Stock shall thereafter be entitled to receive upon conversion of the Series A Convertible Preferred Units Stock the number of Units shares of stock or other securities or property of the Company Corporation or of any the successor corporation or entity Corporation resulting from such merger or consolidation or sale sale, to which a holder of Common Units Stock deliverable upon conversion would have been entitled on such capital reorganization, merger, consolidation, or sale. In any such case, appropriate provisions shall be made with respect to the rights of the holders of the Series A Convertible Preferred Units Stock after the reorganization, merger, consolidation or sale to the end that the provisions of this Section 3.4 6 (including, without limitation, provisions for adjustment of the Series A applicable Conversion Price applicable to the Series A Preferred Units and the number of Units shares purchasable upon conversion of the Series A Convertible Preferred UnitsStock) shall thereafter be applicable, as nearly as may be, with respect to any shares of stock, securities or assets to be deliverable thereafter upon the conversion of the Series A Convertible Preferred UnitsStock.

Mergers and Other Reorganizations. If at any time or from time to time there shall be a capital reorganization reclassification of the Common Units Stock (other than a subdivision, combination combination, reclassification or reclassification exchange of shares provided for elsewhere in this Section 3.46) or a merger or consolidation of the Company with or into another corporation or entity or the sale of all or substantially all of the Company’s properties and assets and properties to any other personPerson, then, as a part of and as a condition to the effectiveness of such reorganizationreclassification, merger, consolidation or sale, lawful and adequate provision shall be made so that the holders of Series A Preferred Units Holders shall thereafter be entitled to receive upon conversion of the Series A C Convertible Preferred Units Stock the number of Units shares of stock Capital Stock or other securities or property property, if any, of the Company or of any the successor corporation or entity resulting from such reclassification, merger or consolidation or sale sale, to which a holder of Common Units Stock deliverable upon conversion would have been entitled on in connection with such capital reorganizationreclassification, merger, consolidation, consolidation or sale. In any such case, appropriate provisions provision shall be made with respect to the rights of the holders of the Series A Preferred Units Holders after the reorganizationreclassification, merger, consolidation or sale to the end that the provisions of this Section 3.4 6 (including, without limitation, provisions for adjustment of the Series A Conversion Price applicable to the Series A Preferred Units Number and the number of Units shares purchasable upon conversion of the Series A C Convertible Preferred UnitsStock) shall thereafter be applicable, as nearly as may be, with respect to any shares of stockCapital Stock, securities or assets property to be deliverable thereafter upon the conversion of the Series A Preferred Units.C