Common use of Recapitalization, Reclassification or Reorganization Clause in Contracts

Recapitalization, Reclassification or Reorganization. If any recapitalization, reclassification or reorganization involving the capital stock of the Company (other than a change in par value or a subdivision or combination as provided for in Article 4.1 above) shall be effected in such a manner (including, without limitation, in connection with a consolidation or merger in which the Company is the surviving corporation), that holders of Common Stock shall be entitled to receive stock, securities, or other assets or property (a “Reorganization”), then, as a condition of such Reorganization, the Company shall make lawful and adequate provision whereby the Holder hereof shall thereafter have the right to purchase and receive (in lieu of the Warrant Shares purchasable upon the exercise of this Warrant immediately prior to such Reorganization) such shares of stock, securities or other assets or property as would have been issued or payable in the Reorganization in exchange for the number of Warrant Shares purchasable upon the exercise of this Warrant immediately prior to such Reorganization. In the event of any Reorganization, appropriate provision shall be made by the Company with respect to the rights and interests of the Holder of this Warrant so that the provisions hereof (including, without limitation, provisions for adjustments of the Warrant Price and of the number of Warrant Shares) shall thereafter be applicable, in relation to any shares of stock, securities or assets thereafter deliverable upon the exercise hereof. The provisions of this Article 4.2 shall similarly apply to successive Reorganizations.

Recapitalization, Reclassification or Reorganization. If any recapitalization, reclassification or reorganization involving the capital stock of the Company (other than in connection with a change in par value bankruptcy or insolvency proceeding or a subdivision or combination as provided for in Article 4.1 aboverefinance transaction) of the Shares shall be effected in such a manner (including, without limitation, in connection with a consolidation or merger in which the Company is the surviving continuing corporation), that holders of Common Stock Shares shall be entitled to receive stock, securities, securities or other assets or property property, in exchange for their Shares (a “Reorganization”), then, as a condition of such Reorganization, the Company shall make lawful and adequate provision provisions shall be made by the Company whereby the Holder hereof shall thereafter have the right to purchase and receive (in lieu of the Warrant Shares immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby) upon exercise of this Warrant immediately prior to such Reorganization) such shares of stock, securities or other assets or property as would have been may be issued or payable in the Reorganization in exchange for a number of outstanding Shares equal to the number of Warrant Shares immediately theretofore purchasable and receivable upon the exercise of this Warrant immediately prior to such Reorganizationthe rights represented hereby. In the event of any Reorganization, appropriate provision shall be made by the Company with respect to the rights and interests of the Holder of this Warrant so to the end that the provisions hereof (including, without limitation, provisions for adjustments of the Warrant Price and of the number of Warrant Shares) shall thereafter be applicable, in relation to any shares of stock, securities or assets thereafter deliverable upon the exercise hereof. The provisions of this Article 4.2 shall similarly apply to successive Reorganizations.

Recapitalization, Reclassification or Reorganization. If any recapitalization, reclassification or reorganization involving the capital stock of the Company (other than a change in par value or a subdivision or combination as provided for in Article 4.1 above) shall be effected in such a manner (including, without limitation, in connection with a consolidation or merger in which the Company is the surviving corporation), that holders of Common Preferred Stock shall be entitled to receive (without converting such Shares) stock, securities, or other assets or property (a “Reorganization”), then, as a condition of such Reorganization, the Company shall make lawful and adequate provision whereby the Holder hereof shall thereafter have the right to purchase and receive (in lieu of the Warrant Shares purchasable upon the exercise of this Warrant immediately prior to such Reorganization) such shares of stock, securities or other assets or property as would have been issued or payable in the Reorganization in exchange for the number of Warrant Shares purchasable upon the exercise of this Warrant immediately prior to such Reorganization. In the event of any Reorganization, appropriate provision shall be made by the Company with respect to the rights and interests of the Holder of this Warrant so that the provisions hereof (including, without limitation, provisions for adjustments of the Warrant Price and of the number of Warrant Shares) shall thereafter be applicable, in relation to any shares of stock, securities or assets thereafter deliverable upon the exercise hereof; provided, however, that if pursuant to such Reorganization the entire outstanding class of Warrant Shares issuable upon exercise of the unexercised portion of this Warrant are cancelled and the total consideration payable to the holders of such class of Warrant Shares consists entirely of cash, then, upon payment to the Holder of this Warrant of an amount equal to the amount such Holder would receive if such Holder held Warrant Shares issuable upon exercise of the unexercised portion of this Warrant and such Warrant Shares were outstanding on the record date for the Reorganization less the aggregate Warrant Price of such Warrant Shares, this Warrant shall be cancelled. The provisions of this Article 4.2 shall similarly apply to successive Reorganizations.