Common use of PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC Clause in Contracts

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, 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 or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute an agreement that each Holder shall have the right thereafter upon payment of the Warrant Price in effect immediately prior to such action to purchase upon exercise of each Warrant the kind and amount of shares and other securities and property which he would have owned or have been entitled to receive after the happening of such consolidation, merger, sale or conveyance had such Warrant been exercised immediately prior to such action. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 3. The provisions of this Section 3.3 shall similarly apply to successive consolidations, mergers, sales or conveyances.

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC. In the case of any consolidation of the Company with or merger of the Company into another corporation or in the case of any sale or conveyance to another corporation of the property all or substantially all of the Company as an entirety property, assets or substantially as an entiretybusiness of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute an agreement provide that each the Holder shall have the right thereafter upon payment of the Warrant Conversion Price in effect immediately prior to such action to purchase upon exercise conversion of each Warrant the Debenture the kind and amount of shares and other securities and property which he the Holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale or conveyance had such Warrant the Debenture been exercised converted immediately prior to such action. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 34. The provisions of this Section 3.3 4.7 shall similarly apply to successive consolidations, mergers, sales or conveyances.

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, 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 or conveyance to another corporation of the property property, assets or business of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute an provide by agreement that each Holder the Warrantholder shall have the right thereafter upon payment of the Warrant Price in effect immediately prior to such action to purchase upon exercise of each the Warrant the kind and amount of shares and and/or other securities securities, cash and property which he would have owned or have been entitled to receive after the happening of such consolidation, merger, sale or conveyance had such the Warrant been exercised immediately prior to such action. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 37 and in Appendix 1 attached hereto. The provisions of this Section 3.3 Subsection 7.3 shall similarly apply to successive consolidations, mergers, sales or conveyances.

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC. In the case of any consolidation of the Company with or merger of the Company into another corporation or in the case of any sale or conveyance to another corporation of the property all or substantially all of the Company as an entirety property, assets or substantially as an entiretybusiness of the Company, the Company or such successor or purchasing corporation, as the case may be, shall execute an agreement provide that each the Holder shall have the right thereafter upon payment of the Warrant Conversion Price in effect immediately prior to such action to purchase upon exercise conversion of each Warrant the Debenture the kind and amount of shares and other securities and property which he the Holder would have owned or have been entitled to receive after the happening of such consolidation, merger, sale or conveyance had such Warrant the Debenture been exercised converted immediately prior to such action. Such , such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 35. The provisions of this Section 3.3 5.7 shall similarly apply to successive consolidations, mergers, sales or conveyances.