Common use of Recapitalization or Reclassification Clause in Contracts

Recapitalization or Reclassification. If, at any time or from time to time after the date of this Note, the shares of Common Stock issuable upon conversion of this Note are changed into the same or a different number of securities of any class of the Maker, whether by recapitalization, reclassification or otherwise (other than a merger, consolidation, arrangement or statutory share exchange provided for elsewhere in this Section 3(e)), then, in each such event, provision shall be made so that the Payee shall receive upon conversion of this Note the kind and amount of securities or other property which would have been received in connection with such recapitalization, reclassification or other change by the Payee if the portion of this Note so converted had been converted immediately prior to such recapitalization, reclassification or change, subject to adjustments for events subsequent to the effective date of such recapitalization, reclassification or other change with respect to such securities which shall be on terms as nearly equivalent as practicable to the adjustments provided in this Section 3(e)(v) and all other adjustments under this Section 3(e).

Appears in 17 contracts

Samples: Convertible Promissory Note (SaasMAX, Inc.), Convertible Promissory Note (SaasMAX, Inc.), Convertible Promissory Note (SaasMAX, Inc.)

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Recapitalization or Reclassification. If, at any time or from time to time after the date of this NoteAgreement, the shares of Common Stock issuable upon conversion of this the Note are changed into the same or a different number of securities of any class of the MakerBorrower, whether by recapitalization, reclassification or otherwise (other than a merger, consolidation, arrangement or statutory share exchange provided for elsewhere in this Section 3(e(d)), then, in each such event, provision shall be made so that the Payee Lender shall receive upon conversion of this the Note the kind and amount of securities or other property which would have been received in connection with such recapitalization, reclassification or other change by the Payee Lender if the portion of this the Note so converted had been converted immediately prior to such recapitalization, reclassification or change, subject to adjustments for events subsequent to the effective date of such recapitalization, reclassification or other change with respect to such securities which shall be on terms as nearly equivalent as practicable to the adjustments provided in this Section 3(e)(v(d)(v) and all other adjustments under this Section 3(e(d).

Appears in 2 contracts

Samples: Loan Agreement (Alanco Technologies Inc), Loan Agreement (Alanco Technologies Inc)

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