Common use of Recapitalizations, etc Clause in Contracts

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable Securities, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 10 contracts

Samples: S Rights Agreement (Ibm Credit Corp), Rights Agreement (Wachovia Corp New), S Rights Agreement (Toronto Dominion Texas Inc)

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Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesWarrant, to any and all shares of capital stock of the Company or any capital stock, limited liability company membership interests, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that which may be issued in respect of, in exchange for, or in substitution of any of the Registrable Securities Warrant Shares by reason of any stock dividend, split, reverse split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwiseotherwise and to any Warrant Shares.

Appears in 3 contracts

Samples: 52 Warrant Subscription Agreement (Comps Com Inc), Warrant Subscription Agreement (Comps Com Inc), Warrant Subscription Agreement (International Microcomputer Software Inc /Ca/)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesSecurities and to the Common Stock, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 3 contracts

Samples: License Agreement (GPC Biotech Ag), Registration Rights Agreement (Spectrum Pharmaceuticals Inc), Registration Rights Agreement (Neotherapeutics Inc)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesShares, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or or, any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.. (Signature Pages Follow)

Appears in 2 contracts

Samples: Registration Rights Agreement (Applied Magnetics Corp), Version Registration Rights Agreement (Applied Magnetics Corp)

Recapitalizations, etc. The Subject to Section 2.2 hereof, the provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesSecurities and to the Common Stock, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (INPHI Corp), Investors’ Rights Agreement (Inphi Corp)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, except to the full extent specifically set forth herein with respect to the Registrable Restricted Securities, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock by reason of any stock dividend, split, reverse split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.. 4.5

Appears in 2 contracts

Samples: Investor's Agreement (Colony K W LLC), Investor's Agreement (Colony Sb LLC)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesSecurities and to the Common Stock, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 2 contracts

Samples: Investor Rights Agreement (Bayhill Therapeutics, Inc.), Registration Rights Agreement (Neotherapeutics Inc)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesUnits or the Stock Appreciation Rights, to any and all units or shares of capital stock of the Company Company, Oncor and any IPO Vehicle or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company Company, Oncor or any IPO Vehicle (whether by merger, consolidation, sale of assets or otherwise) that which may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Units or the Stock Appreciation Rights by reason of any stock dividend, split, reverse split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 2 contracts

Samples: Management Stockholder’s Agreement (Oncor Electric Delivery Co LLC), S Agreement (Oncor Electric Delivery Co LLC)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesSecurities and to the Common Stock, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that which may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Anacor Pharmaceuticals Inc), Investors' Rights Agreement (Anacor Pharmaceuticals Inc)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesCommon Stock, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock and/or other capital stock of the Company by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation consolidation, or otherwise.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Medicinova Inc)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesSecurities and to the Common Shares, to any and all shares of capital stock of the Company Corporation or any capital stockshares, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company Corporation (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities any Common Shares by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 1 contract

Samples: Registration Rights Agreement (Aspreva Pharmaceuticals CORP)

Recapitalizations, etc. The Subject to Section 4 above, the provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesSecurities and to the Common Stock, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 1 contract

Samples: Shareholders Agreement (TRIA Beauty, Inc.)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable Securitiesherein, to any and all shares of capital stock stock, Convertible Securities and other securities (whether owned on the date hereof or hereafter acquired) of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that which may be issued in respect of, in exchange for, or in substitution of the Registrable Securities shares of Common Stock, by reason of any stock dividend, split, reverse split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 1 contract

Samples: Stockholders Agreement (Quick Med Technologies Inc)

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Recapitalizations, etc. The Subject to Section 3 above, the provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesSecurities and to the Common Stock, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 1 contract

Samples: Investor Rights Agreement (Reply! Inc)

Recapitalizations, etc. The provisions of this Agreement (including ---------------------- any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesShares, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or or, any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 1 contract

Samples: Registration Rights Agreement (Satcon Technology Corp)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesWarrant and to the Warrant Shares, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Warrant or the Warrant Shares by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 1 contract

Samples: Settlement Agreement and Release (Spectrum Pharmaceuticals Inc)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, except to the full extent specifically set forth herein with respect to the Registrable Restricted Securities, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock by reason of any stock dividend, split, reverse split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 1 contract

Samples: Investor's Agreement (Kennedy Wilson Inc)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable Securitiesherein, to any and all shares of capital stock Securities (whether owned on the date hereof or hereafter acquired) of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that which may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock, by reason of any stock dividend, split, reverse split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 1 contract

Samples: Stockholders Agreement (Pf Net Communications Inc)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable SecuritiesShares, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or or, any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities Common Stock that is issuable upon exercise of the Note by reason of any stock dividend, split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.. (Signature Pages Follow)

Appears in 1 contract

Samples: Registration Rights Agreement (Clean Energy Fuels Corp.)

Recapitalizations, etc. The provisions of this Agreement (including any calculation of share ownership) shall apply, to the full extent set forth herein with respect to the Registrable Restricted Securities, to any and all shares of capital stock of the Company or any capital stock, partnership or member units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) that may be issued in respect of, in exchange for, or in substitution of the Registrable Securities capital stock by reason of any stock dividend, split, reverse split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

Appears in 1 contract

Samples: Stockholders Agreement (Talon International, Inc.)

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