Common use of Recapitalization or Reclassification Clause in Contracts

Recapitalization or Reclassification. If the Common Stock ------------------------------------ issuable upon the conversion of the Series C Preferred Stock shall be changed into the same or a different number of shares of any class or classes of stock of the Company, whether by recapitalization, reclassification or otherwise (other than a subdivision or combination of shares or stock dividend provided for elsewhere in this Section 5, or a reorganization, merger, consolidation or sale of assets provided for elsewhere in this Section 5), then and in each such event the holder of each share of Series C Preferred Stock shall have the right thereafter to convert such share into the kind and amount of shares of stock and other securities and property receivable upon such reorganization, reclassification or other change by holders of the number of shares of Common Stock into which such share of Series C Preferred Stock might have been converted (taking into account all accrued and unpaid dividends and interest with respect to such Series C Preferred Stock) immediately prior to such reorganization, reclassification or change, all subject to further adjustment as provided herein.

Appears in 1 contract

Samples: Inter Company Agreement (Engage Technologies Inc)

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Recapitalization or Reclassification. If the Common Stock ------------------------------------ issuable upon the conversion of the Series C A Preferred Stock shall be changed into the same or a different number of shares of any class or classes of stock of the CompanyCorporation, whether by recapitalization, reclassification or otherwise (other than a subdivision or combination of shares or stock dividend provided for elsewhere in this Section 5, or a reorganization, merger, consolidation or sale of assets provided for elsewhere in this Section 5), then and in each such event the holder of each share of Series C A Preferred Stock shall have the right thereafter to convert such share into the kind and amount of shares of stock and other securities and property receivable upon such reorganization, reclassification or other change by holders of the number of shares of Common Stock into which such share of Series C A Preferred Stock might have been converted (taking into account all accrued and unpaid dividends and interest with respect to such Series C A Preferred Stock) immediately prior to such reorganization, reclassification or change, all subject to further adjustment as provided herein.

Appears in 1 contract

Samples: Series B Convertible Preferred Stock Purchase Agreement (Engage Technologies Inc)

Recapitalization or Reclassification. If the Common Stock ------------------------------------ issuable upon the conversion of the Series C A Preferred Stock shall be changed into the same or a different number of shares of any class or classes of stock of the CompanyCorporation, whether by recapitalization, reclassification reclassification, or otherwise (other than a subdivision or combination of shares or stock dividend provided for elsewhere in this Section 55(b) hereof, or a reorganization, merger, consolidation share exchange, consolidation, or sale of assets provided for elsewhere in this Section 55(d) hereof), then and in each such event the holder of each share of Series C A Preferred Stock shall have the right thereafter to convert such share into the kind and amount of shares of stock and other securities and property receivable upon such reorganizationrecapitalization, reclassification reclassification, or other change by holders of the number of shares of Common Stock into which such share of Series C A Preferred Stock might have been converted (taking into account all accrued and unpaid dividends and interest with respect to such Series C Preferred Stock) immediately prior to such reorganizationrecapitalization, reclassification reclassification, or change, all subject to further adjustment as provided herein.

Appears in 1 contract

Samples: Merger Agreement (Corgenix Medical Corp/Co)

Recapitalization or Reclassification. If the Common Stock ------------------------------------ issuable upon the conversion of the Series C B Preferred Stock shall be changed into the same or a different number of shares of any class or classes of stock of the CompanyCorporation, whether by recapitalization, reclassification or otherwise (other than a subdivision or combination of shares or stock dividend provided for elsewhere in this Section 54, or a reorganization, merger, consolidation or sale of assets provided for elsewhere in this Section 54), then and in each such event the holder of each share of Series C B Preferred Stock shall have the right thereafter to convert such share into the kind and amount of shares of stock and other securities and property receivable upon such reorganization, reclassification or other change by holders of the number of shares of Common Stock into which such share of Series C B Preferred Stock might have been converted (taking into account all accrued declared and unpaid dividends and interest with respect to such Series C B Preferred Stock) immediately prior to such reorganization, reclassification or change, all subject to further adjustment as provided herein.

Appears in 1 contract

Samples: Series B Convertible Preferred Stock Purchase Agreement (Engage Technologies Inc)

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Recapitalization or Reclassification. If the Common Stock ------------------------------------ issuable upon the conversion of the Series C Preferred Stock shall be changed into the same or a different number of shares of any class or classes of stock of the CompanyCorporation, whether by recapitalization, reclassification reclassification, or otherwise (other than a subdivision or combination of shares or stock dividend provided for elsewhere in this Section 55(b) hereof, or a reorganization, merger, consolidation share exchange, consolidation, or sale of assets provided for elsewhere in this Section 55(d) hereof), then and in each such event the holder of each share of Series C Preferred Stock shall have the right thereafter to convert such share into the kind and amount of shares of stock and other securities and property receivable upon such reorganizationrecapitalization, reclassification reclassification, or other change by holders of the number of shares of Common Stock into which such share of Series C Preferred Stock might have been converted (taking into account all accrued and unpaid dividends and interest with respect to such Series C Preferred Stock) immediately prior to such reorganizationrecapitalization, reclassification reclassification, or change, all subject to further adjustment as provided herein.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Berger Holdings LTD)

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