Common use of Preservation of Purchase Rights Upon Merger, Consolidation, etc Clause in Contracts

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders an agreement that the Warrantholders shall have the right thereafter upon payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this Warrant the kind and amount of shares and other securities and property which such holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this Warrant been exercised immediately prior to such action; PROVIDED, HOWEVER, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this Warrant or upon the exercise of this Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as practicable to the adjustments provided for in this Section 5. The provisions of this Section 5 shall apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In --------------------------------------------------------------- case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders an agreement that the Warrantholders shall have the right thereafter upon payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this Warrant the kind and amount of shares and other securities and property which that such holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this Warrant been exercised immediately prior to such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in -------- ------- respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this Warrant or upon the exercise of this Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as practicable to the adjustments provided for in this Section 5. The provisions of this Section 5 5.5 shall apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders an agreement that the Warrantholders shall have the right thereafter upon this Warrant becoming exercisable in accordance with subsection 1.1(a) and payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this Warrant the kind and amount of shares and other securities and property which such holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this Warrant been exercised immediately prior to such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this Warrant or upon the exercise of this Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as practicable to the adjustments provided for in this Section 5. The provisions of this Section 5 shall apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders an agreement that the Warrantholders shall have the right thereafter upon payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this Warrant the kind and amount of shares and other securities and property which such holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this Warrant been exercised immediately prior to such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this Warrant or upon the exercise of this Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as practicable to the adjustments provided for in this Section 5. The provisions of this Section 5 subsection 5.5 shall apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders an agreement that the Warrantholders shall have the right thereafter upon payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this Warrant the kind and amount of shares and other securities and property which such holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this Warrant been exercised immediately prior to such action; PROVIDED, HOWEVER, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this Warrant or upon the exercise of this Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as practicable to the adjustments provided for in this Section 5. The provisions of this Section 5 5.5 shall apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders an agreement that the Warrantholders shall have the right thereafter upon payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this Warrant the kind and amount of shares and other securities and property which such holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this Warrant been exercised immediately prior to such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this Warrant or upon the exercise of this Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as practicable to the adjustments provided for in this Section 5. The provisions of this Section 5 5.5 shall apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders each Holder an agreement that the Warrantholders each Holder shall have the right thereafter upon payment of the Exercise Warrant Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities securities, cash and property which such holder he would have owned or would have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities securities, cash and property shall be made during the term of this a Warrant or upon the exercise of this a Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 511. The provisions of this Section 5 11.4 shall similarly apply similarly to successive consolidations, mergers, sales, transfers sales transfer or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation person or in case of any sale, transfer transfer, or lease to another corporation person of all of or substantially all of the property assets of the Company, the Company or such successor or purchasing corporationpurchaser, as the case may be, shall execute with the Warrantholders each Warrant Holder an agreement that the Warrantholders each Warrant Holder shall have the right thereafter upon payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities and property which such holder the Warrant Holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer transfer, or lease had this such Warrant been exercised immediately prior to such action regardless of whether the Warrants are exercisable at the time of such action; PROVIDED, HOWEVER, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this Warrant or upon the exercise of this Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 512. The provisions of this Section 5 12.4 shall similarly apply similarly to successive consolidations, mergers, sales, transfers transfers, or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation person (whether or not the Company is the surviving corporation), or in the case of any sale, transfer or lease to another corporation person of all or substantially all of the property of the Company, the Company or such successor or purchasing corporationperson, as the case may be, shall execute with deliver to the Warrantholders Holder an agreement undertaking that the Warrantholders Holder shall have the right thereafter upon payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities securities, cash and property which such holder the Holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action; PROVIDED, HOWEVERand if the successor or purchasing person is not a corporation, that no adjustment in such person shall provide appropriate tax indemnification with respect of cash dividends, interest or other income on or from to such shares or and other securities and property shall be made during the term of this Warrant or so that, upon the exercise of this Warrantthe Warrants, the Holder thereof would have the same benefits he otherwise would have had if such successor or purchasing person were a corporation. Such agreement undertaking shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 56. The provisions of this Section 5 6.5 shall similarly apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders each Holder an agreement that the Warrantholders each Holder shall have the right thereafter upon payment of the Exercise Warrant Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities and property which such holder he would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action regardless of whether the Warrants are exercisable at the time of such action; PROVIDED, HOWEVER, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this a Warrant or upon the exercise of this a Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 59. The provisions of this Section 5 9.5 shall similarly apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of connection with any consolidation of the Company with with, or amalgamation or merger of the Company into with or into, another corporation (including, without limitation, pursuant to a "takeover bid", "tender offer" or other acquisition of all or substantially all of the outstanding Common Shares) or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders Warrantholder an agreement that the Warrantholders Warrantholder shall have the right thereafter thereafter, upon payment of the Exercise Price in effect immediately prior to such action action, to purchase upon exercise of this each Warrant the kind and amount of shares and other securities and property which such holder it would have owned or have been entitled to receive after the happening of such consolidation, amalgamation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action, and the Warrantholder shall be bound to accept such shares and other securities and property in lieu of the Common Shares to which it was previously entitled; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this a Warrant or upon the exercise of this a Warrant. Such Any such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 5Schedule "A". The provisions of this Section 5 Article 4 shall similarly apply similarly to successive consolidations, mergers, amalgamation, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with with, or merger of the Company into into, another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders each Holder an agreement that the Warrantholders each Holder shall have the right thereafter upon payment of the Exercise Warrant Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities securities, cash and property which such holder he would have owned or would have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this Warrant such warrant been exercised immediately prior to such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities securities, cash and property shall be made during the term of this a Warrant or upon the exercise of this a Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 511. The provisions of this Section 5 11.4 shall similarly apply similarly to successive consolidations, mergers, sales, transfers sales transfer or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation person or in case of any sale, transfer or lease to another corporation of all or substantially all of the property assets of the Company, the Company or such successor or purchasing corporationpurchaser, as the case may be, shall execute with the Warrantholders an agreement that the Warrantholders shall have the right thereafter upon payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities and property which such that the holder thereof would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action; PROVIDED, HOWEVER, HOWEVER that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this Warrant or upon the exercise of this Warrant. Such agreement shall provide for adjustmentsadjustment, which shall be as nearly equivalent as practicable to the adjustments provided for in this Section 5. The provisions of this Section 5 subsection 5.5 shall apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders each Holder an agreement that the Warrantholders each Holder shall have the right thereafter upon payment of the Exercise Warrant Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities securities, cash and property which such holder it would have owned or would have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities securities, cash and property shall be made during the term of this a Warrant or upon the exercise of this a Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 511. The provisions of this Section 5 11.5 shall similarly apply similarly to successive consolidations, mergers, sales, transfers sales transfer or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders an agreement amendment to this Agreement that the Warrantholders each Holder shall have the right thereafter upon payment of the Exercise Warrant Price in effect immediately prior to such action to purchase upon exercise of this the Warrant the kind and amount of shares and other securities and property which such holder he would have owned or have been entitled to receive after upon the happening of such consolidation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this a Warrant or upon the exercise of this a Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 56. The provisions of this Section 5 6.4 shall similarly apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders each Holder an agreement that the Warrantholders each Holder shall have the right thereafter upon payment of the Exercise Warrant Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities securities, cash and property which such holder he would have owned or would have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest -------- ------- or other income on or from such shares or other securities securities, cash and property shall be made during the term of this a Warrant or upon the exercise of this a Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 511. The provisions of this Section 5 11.4 shall similarly apply similarly to successive consolidations, mergers, sales, transfers sales transfer or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders each Holder an agreement that the Warrantholders each Holder shall have the right thereafter upon payment of the Exercise Warrant Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities securities, cash and property which such holder he would have owned or would have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action; PROVIDED, HOWEVER, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities securities, cash and property shall be made during the term of this a Warrant or upon the exercise of this a Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 511. The provisions of this Section 5 11.4 shall similarly apply similarly to successive consolidations, mergers, sales, transfers sales transfer or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with with, or merger of the Company into into, another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders each Holder an agreement that the Warrantholders each Holder shall have the right thereafter upon payment of the Exercise Warrant Price in effect immediately prior to such action to purchase upon exercise of this the rights evidenced by each Warrant Certificate the kind and amount of shares and other securities securities, cash and property which such holder he would have owned or would have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this Warrant such warrant been exercised immediately prior to such action; PROVIDED, HOWEVER, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities securities, cash and property shall be made during the term of this the Warrant or upon the exercise of this a Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 511. The provisions of this Section 5 11.4 shall similarly apply similarly to successive consolidations, mergers, sales, transfers transfer or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders each Holder an agreement that the Warrantholders each Holder shall have the right thereafter upon payment of the Exercise Warrant Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities and property which such holder he would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action regardless of whether the Warrants are exercisable at the time of such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this a Warrant or upon the exercise of this a Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 59. The provisions of this Section 5 9.5 shall similarly apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders an agreement that the Warrantholders shall have the right thereafter upon payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this Warrant the kind and amount of shares and other securities and property which such holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this Warrant been exercised immediately prior to such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this Warrant or upon the exercise of this Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as practicable to the adjustments provided for in this Section 5. The provisions of this Section 5 shall apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation person or in case of any sale, transfer or lease to another corporation of all or substantially all of the property assets of the Company, the Company or such successor or purchasing corporationpurchaser, as the case may be, shall execute with the Warrantholders an agreement that the Warrantholders shall have the right thereafter upon payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities and property which such that the holder thereof would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action; PROVIDED, HOWEVER, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this Warrant or upon the exercise of this Warrant. Such agreement shall provide for adjustmentsadjustment, which shall be as nearly equivalent as practicable to the adjustments provided for in this Section 5. The provisions of this Section 5 subsection 5.5 shall apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrantholders each Holder an agreement that the Warrantholders each Holder shall have the right thereafter upon payment of the Exercise Warrant Price in effect immediately prior to such action to purchase upon exercise of this each Warrant the kind and amount of shares and other securities and property which such holder he would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this such Warrant been exercised immediately prior to such action regardless of whether the Warrants are exercisable at the time of such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this a Warrant or upon the exercise of this a Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 58. The provisions of this Section 5 8.5 shall similarly apply similarly to successive consolidations, mergers, sales, transfers or leases.

Preservation of Purchase Rights Upon Merger, Consolidation, etc. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale, transfer or lease to another corporation of all or substantially all of the property of the Company, the Company or such successor or purchasing 8 corporation, as the case may be, shall execute with the Warrantholders an agreement that the Warrantholders shall have the right thereafter upon payment of the Exercise Price in effect immediately prior to such action to purchase upon exercise of this Warrant the kind and amount of shares and other securities and property which such holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, transfer or lease had this Warrant been exercised immediately prior to such action; PROVIDEDprovided, HOWEVERhowever, that no adjustment in respect of cash dividends, interest or other income on or from such shares or other securities and property shall be made during the term of this Warrant or upon the exercise of this Warrant. Such agreement shall provide for adjustments, which shall be as nearly equivalent as practicable to the adjustments provided for in this Section 5. The provisions of this Section 5 subsection 5.5 shall apply similarly to successive consolidations, mergers, sales, transfers or leases.