Common use of Minimum Consideration Clause in Contracts

Minimum Consideration. Notwithstanding the foregoing, in no event --------------------- shall a "Change of Control" be deemed to occur for purposes of this Agreement, whether prior to or following a Public Offering, unless the total consideration for the transaction or transactions which would, absent this paragraph (c) constitute a Change of Control, has a value that is equal to or greater than $3.75 per share of common stock of the Employer (the "Minimum Value"); provided that such Minimum Value shall be adjusted to reflect changes to such common stock in the event of a stock dividend, stock split, reverse stock split, stock combination, reclassification, recapitalization, or other similar change in the structure or capitalization of the Employer, or any other event which in the discretion of the Board of Directors of the Employer necessitates such an adjustment.

Minimum Consideration. Notwithstanding the foregoing, in no event --------------------- shall a "“Change of Control" ” be deemed to occur for purposes of this Agreement, whether prior to or following a Public Offering, unless the total consideration for the transaction or transactions which would, absent this paragraph (c) provision, constitute a Change of Control, has a value that is equal to or greater than $3.75 per share of common stock of the Employer or Holdings, as applicable (the "“Minimum Value"”); provided provided, however, that such Minimum Value shall be adjusted to reflect changes to such common stock in the event of a stock dividend, stock split, reverse stock split, stock combination, reclassification, recapitalization, or other similar change in the structure or capitalization of the EmployerEmployer or Holdings, or any other event which in the discretion of the Board of Directors of the Employer necessitates such an adjustment.

Minimum Consideration. Notwithstanding the foregoing, in no --------------------- event --------------------- shall a "Change of Control" be deemed to occur for purposes of this Agreement, whether prior to or following a Public Offering, unless the total consideration for the transaction or transactions which would, absent this paragraph (c) constitute a Change of Control, has a value that is equal to or greater than $3.75 per share of common stock of the Employer (the "Minimum Value"); provided that such Minimum Value shall be adjusted to reflect changes to such common stock in the event of a stock dividend, stock split, reverse stock split, stock combination, reclassification, recapitalization, or other similar change in the structure or capitalization of the Employer, or any other event which in the discretion of the Board of Directors of the Employer necessitates such an adjustment.