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 Stock (other than a subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 4) or a merger or consolidation of the Corporation with or into another Corporation or the sale of all or substantially all of the Corporation's properties and assets to any other person, then, as a 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 the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A Preferred Stock the number of shares of stock or other securities or property of the Corporation or of the successor corporation resulting from such merger or consolidation or sale, to which a holder of Common Stock Each holder of Series A Preferred Stock upon the occurrence of a capital reorganization, merger or consolidation of the Corporation or the sale of all or substantially all its assets and properties as such events are more fully set forth in the first paragraph of this Section 4(i), shall have the option of electing treatment of his or her shares of Series A Preferred Stock under either this Section 4(i) or Section 2(b) hereof, notice of which election shall be submitted in writing to the Corporation at its principal offices no later than ten (10) days before the effective date of such event, provided that any such notice shall be effective if given not later than fifteen (15) days after the date of the Corporation's notice, pursuant to Section 8, with respect to such event.

Mergers and Other Reorganizations. If at any time or from time to time there shall be a capital reorganization of the Common Stock (other than a subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 4) or a merger or consolidation of the Corporation with or into another Corporation or the sale of all or substantially all of the Corporation's properties and assets to any other person, then, as a 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 the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A Preferred Stock the number of shares of stock or other securities or property of the Corporation or of the successor corporation resulting from such merger or consolidation or sale, to which a holder of Common 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 Preferred Stock after the reorganization, merger, consolidation or sale to the end that the provisions of this Section 4 (including, without limitation, provisions for adjustment of the Conversion Price and the number of shares purchasable upon conversion of the Series A Preferred Stock) 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 Stock. Each holder of Series A Preferred Stock upon the occurrence of a capital reorganization, merger or consolidation of the Corporation or the sale of all or substantially all its assets and properties as such events are more fully set forth in the first paragraph of this Section 4(i), shall have the option of electing treatment of his or her shares of of' Series A Preferred Stock under either this Section 4(i) or Section 2(b) hereof, notice of which election shall be submitted in writing to the Corporation at its principal offices no later than ten (10) days before the effective date of such event, provided that any such notice shall be effective if given not later than fifteen (15) days after the date of the Corporation's notice, pursuant to Section 8, with respect to such event.

Mergers and Other Reorganizations. If at any time or from time to time there shall be a capital reorganization of the Common Stock (other than a subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 4herein) or a merger or consolidation of the Corporation GTC with or into another Corporation corporation or other entity or the sale of all or substantially all of the CorporationGTC's properties and assets to any other person, then, as a 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 the Series A B Convertible Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A B Convertible Preferred Stock the number of shares of stock or other securities or property of the Corporation GTC or of the successor corporation or other entity resulting from such merger or consolidation or sale, to which a holder of Common Stock Each holder of Series A Preferred Stock deliverable upon the occurrence of a conversion would have been entitled on such capital reorganization, merger merger, consolidation, or consolidation sale. In any such case, appropriate provisions shall be made with respect to the rights of the Corporation holders of the Series B Convertible Preferred Stock after the reorganization, merger, consolidation or sale to the sale of all or substantially all its assets and properties as such events are more fully set forth in end that the first paragraph provisions of this Section 4(i)2 (including without limitation provisions for adjustment) shall thereafter be applicable, shall have the option of electing treatment of his or her shares of Series A Preferred Stock under either this Section 4(i) or Section 2(b) hereof, notice of which election shall be submitted in writing to the Corporation at its principal offices no later than ten (10) days before the effective date of such event, provided that any such notice shall be effective if given not later than fifteen (15) days after the date of the Corporation's notice, pursuant to Section 8as nearly as may be, with respect to such eventany shares of stock, securities or assets to be deliverable thereafter upon the conversion of the Series B Convertible Preferred Stock.

Mergers and Other Reorganizations. If at any time or from time to time there shall be a capital reorganization of the Common Stock (other than a subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 4A.5) or a merger or consolidation of the Corporation with or into another Corporation corporation or the sale of all or substantially all of the Corporation's properties and assets to any other person, then, as a 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 the Series A Convertible Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A Convertible Preferred Stock the number of shares of stock or other securities or property of the Corporation or of the successor corporation resulting from such merger or consolidation or sale, to which a holder of Common Stock Each holder of Series A Preferred Stock such holders would have been entitled upon the occurrence of a such capital reorganization, merger merger, consolidation or consolidation sale had such holders converted their shares of Convertible Preferred Stock into Common Stock immediately prior to such capital reorganization, merger, consolidation, or sale. In any such case, appropriate provisions shall be made with respect to the rights of the Corporation holders of the Convertible Preferred Stock after the reorganization, merger, consolidation or sale to the sale of all or substantially all its assets and properties as such events are more fully set forth in end that the first paragraph provisions of this Section 4(i), shall have the option of electing treatment of his or her shares of Series A Preferred Stock under either this Section 4(i) or Section 2(b) hereof, notice of which election shall be submitted in writing to the Corporation at its principal offices no later than ten A.5 (10) days before the effective date of such event, provided that any such notice shall be effective if given not later than fifteen (15) days after the date including without limitation provisions for adjustment of the Corporation's noticeConversion Price and the number of shares purchasable upon conversion of the Convertible Preferred Stock) shall thereafter be applicable, pursuant to Section 8as nearly as may be, with respect to such eventany shares of stock, securities or assets to be deliverable thereafter upon the conversion of the Convertible Preferred Stock.

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 Stock (other than a subdivision, combination, combination or reclassification or exchange of shares provided for elsewhere in this Section 46) or a merger or consolidation of the Corporation with or into another Corporation or the sale of all or substantially all of the Corporation's properties and assets to any other person, then, as a 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 the Series A Convertible Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A Convertible Preferred Stock the number of shares of stock or other securities or property of the Corporation or of the successor corporation Corporation resulting from such merger or consolidation or sale, to which a holder of Common Stock Each holder of Series A Preferred Stock deliverable upon the occurrence of a conversion would have been entitled on such capital reorganization, merger merger, consolidation, or consolidation sale. In any such case, appropriate provisions shall be made with respect to the rights of the Corporation holders of the Convertible Preferred Stock after the reorganization, merger, consolidation or sale to the sale of all or substantially all its assets and properties as such events are more fully set forth in end that the first paragraph provisions of this Section 4(i)6 (including, shall have the option of electing treatment of his or her shares of Series A Preferred Stock under either this Section 4(i) or Section 2(b) hereofwithout limitation, notice of which election shall be submitted in writing to the Corporation at its principal offices no later than ten (10) days before the effective date of such event, provided that any such notice shall be effective if given not later than fifteen (15) days after the date provisions for adjustment of the Corporation's noticeapplicable Conversion Price and the number of shares purchasable upon conversion of the Convertible Preferred Stock) shall thereafter be applicable, pursuant to Section 8as nearly as may be, with respect to such eventany shares of stock, securities or assets to be deliverable thereafter upon the conversion of the Convertible Preferred Stock.