Common use of Purchase Rights Organic Change Clause in Contracts

Purchase Rights Organic Change. (a) Any recapitalization, reorganization, reclassification, consolidation, merger, sale of all or substantially all of the Company's assets to another person or entity or other transaction, in each case which is effected in such a way that holders of Common Stock are entitled to receive securities or assets with respect to or in exchange for Common Stock is referred to herein as an “Organic Change.” Prior to the consummation of any (i) sale of all or substantially all of the Company's assets to an acquiring person or entity or (ii) other Organic Change following which the Company is not a surviving entity, the Company will secure from the person or entity purchasing such assets or the person or entity issuing the securities or providing the assets in such Organic Change (in each case, the “Acquiring Entity”) a written agreement (in form and substance mutually satisfactory to Holder, the Company and the Acquiring Entity) to deliver to Holder in exchange for this Warrant, a security of the Acquiring Entity evidenced by a written instrument substantially similar in form and substance to this Warrant and mutually satisfactory to Holder, the Company and the Acquiring Entity (including, an adjusted exercise price equal to the value for the Common Stock reflected by the terms of such consolidation, merger or sale, and exercisable for a corresponding number of shares of Common Stock acquirable and receivable upon exercise of this Warrant, if the value so reflected is less than the Exercise Price in effect immediately prior to such consolidation, merger or sale). In the event that an Acquiring Entity is directly or indirectly controlled by an entity whose common stock or similar equity interest is listed, designated or quoted on a securities exchange or trading market, if requested in writing by Holder, the Company shall use its reasonable best efforts to effect the ability of Holder to elect to treat such entity as the Acquiring Entity for purposes of this Section. Prior to the consummation of any other Organic Change, the Company shall use its reasonable efforts to make appropriate provision (in form and substance reasonably satisfactory to Holder) to insure that Holder thereafter will have the right to acquire and receive in lieu of or in addition to (as the case may be) the shares of Common Stock immediately theretofore acquirable and receivable upon the exercise of this Warrant, such shares of stock, securities or assets that would have been issued or payable in such Organic Change with respect to or in exchange for the number of shares of Common Stock which would have been acquirable and receivable upon the exercise of this Warrant as of the date of such Organic Change.

Purchase Rights Organic Change. (a) Any recapitalization, reorganization, reclassification, consolidation, merger, sale of all or substantially all of the Company's assets to another person or entity or other transaction, in each case which is effected in such a way that holders of Common Stock are entitled to receive securities or assets with respect to or in exchange for Common Stock is referred to herein as an “Organic Change"ORGANIC CHANGE.” " Prior to the consummation of any (i) sale of all or substantially all of the Company's assets to an acquiring person or entity or (ii) other Organic Change following which the Company is not a surviving entity, the Company will secure from the person or entity purchasing such assets or the person or entity issuing the securities or providing the assets in such Organic Change (in each case, the “Acquiring Entity”"ACQUIRING ENTITY") a written agreement (in form and substance mutually satisfactory to Holder, the Company and the Acquiring Entity) to deliver to Holder in exchange for this Warrant, a security of the Acquiring Entity evidenced by a written instrument substantially similar in form and substance to this Warrant and mutually satisfactory to Holder, the Company and the Acquiring Entity (including, an adjusted exercise price equal to the value for the Common Stock reflected by the terms of such consolidation, merger or sale, and exercisable for a corresponding number of shares of Common Stock acquirable and receivable upon exercise of this Warrant, if the value so reflected is less than the Exercise Price in effect immediately prior to such consolidation, merger or sale). In the event that an Acquiring Entity is directly or indirectly controlled by an entity whose common stock or similar equity interest is listed, designated or quoted on a securities exchange or trading market, if requested in writing by Holder, the Company shall use its reasonable best efforts to effect the ability of Holder to elect to treat such person or entity as the Acquiring Entity for purposes of this SectionSection . Prior to the consummation of any other Organic Change, the Company shall use its reasonable efforts to make appropriate provision (in form and substance reasonably satisfactory to Holder) to insure that Holder thereafter will have the right to acquire and receive in lieu of or in addition to (as the case may be) the shares of Common Stock immediately theretofore acquirable and receivable upon the exercise of this Warrant, such shares of stock, securities or assets that would have been issued or payable in such Organic Change with respect to or in exchange for the number of shares of Common Stock which would have been acquirable and receivable upon the exercise of this Warrant as of the date of such Organic Change.

Purchase Rights Organic Change. (a) Any recapitalization, reorganization, reclassification, consolidation, merger, sale of all or substantially all of the Company's assets to another person or entity or other transaction, in each case which is effected in such a way that holders of Common Stock are entitled to receive securities or assets with respect to or in exchange for Common Stock is referred to herein as an “Organic Change"ORGANIC CHANGe.” " Prior to the consummation of any (i) sale of all or substantially all of the Company's assets to an acquiring person or entity or (ii) other Organic Change following which the Company is not a surviving entity, the Company will secure from the person or entity purchasing such assets or the person or entity issuing the securities or providing the assets in such Organic Change (in each case, the “Acquiring Entity”"ACQUIRING ENTITY") a written agreement (in form and substance mutually satisfactory to Holder, the Company and the Acquiring Entity) to deliver to Holder in exchange for this Warrant, a security of the Acquiring Entity evidenced by a written instrument substantially similar in form and substance to this Warrant and mutually satisfactory to Holder, the Company and the Acquiring Entity (including, an adjusted exercise price equal to the value for the Common Stock reflected by the terms of such consolidation, merger or sale, and exercisable for a corresponding number of shares of Common Stock acquirable and receivable upon exercise of this Warrant, if the value so reflected is less than the Exercise Price in effect immediately prior to such consolidation, merger or sale). In the event that an Acquiring Entity is directly or indirectly controlled by an entity whose common stock or similar equity interest is listed, designated or quoted on a securities exchange or trading market, if requested in writing by Holder, the Company shall use its reasonable best efforts to effect the ability of Holder to elect to treat such person or entity as the Acquiring Entity for purposes of this SectionSection . Prior to the consummation of any other Organic Change, the Company shall use its reasonable efforts to make appropriate provision (in form and substance reasonably satisfactory to Holder) to insure that Holder thereafter will have the right to acquire and receive in lieu of or in addition to (as the case may be) the shares of Common Stock immediately theretofore acquirable and receivable upon the exercise of this Warrant, such shares of stock, securities or assets that would have been issued or payable in such Organic Change with respect to or in exchange for the number of shares of Common Stock which would have been acquirable and receivable upon the exercise of this Warrant as of the date of such Organic Change.