Common use of Recapitalizations, Exchanges, etc Clause in Contracts

Recapitalizations, Exchanges, etc. The provisions of this Agreement shall apply to the fullest extent set forth herein with respect to (a) the New Shares, (b) any and all securities into which New Shares are converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company and (c) any and all equity securities of the Company or any successor or assign of the Company (whether by merger, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Shares and shall be appropriately adjusted for any share dividends, share subdivisions or consolidations, bonus issues, combinations, recapitalizations and the like occurring after the date hereof. The Company shall cause any successor or assign (whether by merger, amalgamation, consolidation, sale of assets or otherwise) to assume the obligations of the Company under this Agreement or enter into a new registration rights agreement with the Holders on terms substantially the same as this Agreement as a condition of any such transaction.

Recapitalizations, Exchanges, etc. The provisions of this Agreement shall apply to the fullest extent set forth herein with respect to (a) the New SharesCompany Common Stock, (b) any and all securities into which New Shares shares of Company Common Stock or Company Preferred Stock are converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company and (c) any and all equity securities of the Company or any successor or assign of the Company (whether by merger, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Shares Company Common Stock or Company Preferred Stock and shall be appropriately adjusted for any share stock dividends, share subdivisions or consolidationssplits, bonus issuesreverse splits, combinations, recapitalizations and the like occurring after the date hereof. The Company shall cause any successor or assign (whether by merger, amalgamation, consolidation, sale of assets or otherwise) to assume the obligations of the Company under this Agreement or enter into a new registration rights agreement with the Holders on terms substantially the same as this Agreement as a condition of any such transaction.

Recapitalizations, Exchanges, etc. The provisions of this Agreement shall apply to the fullest extent set forth herein with respect to (ai) the New SharesCompany Common Stock, (bii) any and all securities into which New Shares are shares of Company Common Stock is converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company and (ciii) any and all equity securities of the Company or any successor or assign of the Company (whether by merger, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Shares Company Common Stock and shall be appropriately adjusted for any share stock dividends, share subdivisions or consolidationssplits, bonus issuesreverse splits, combinations, recapitalizations and the like occurring after the date hereof. The Company shall cause any successor or assign (whether by merger, amalgamation, consolidation, sale of assets or otherwise) to assume the obligations of the Company under this Agreement or enter into a new registration rights agreement with the Holders on terms substantially the same as this Agreement as a condition of any such transaction.

Recapitalizations, Exchanges, etc. The provisions of this Agreement shall apply to the fullest full extent set forth herein with respect to (ai) the New Shares, shares of Common Stock (bas defined in the Stockholders Agreement) and (ii) any and all securities shares of common stock of the Company into which New Shares the shares of Common Stock are converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company and (c) any and all equity securities of the Company or any successor or assign of the Company (whether by mergerCompany, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Shares and shall be appropriately adjusted for any share stock dividends, share subdivisions or consolidationssplits, bonus issuesreverse splits, combinations, recapitalizations and the like occurring with respect to the Common Stock after the date hereof. The Company shall cause If as a result of any successor or assign (whether by merger, amalgamation, consolidation, sale of assets or otherwise) to assume other transaction involving the obligations Company, the holders of Registrable Securities hereunder would hold Registrable Securities of a successor or assign of the Company, then the Company shall cause any such successor or assign of the Company under this Agreement or to enter into a new registration rights agreement with the Holders on terms substantially holders of Registrable Securities hereunder covering such Registrable Securities of such successor or assign of the same as this Agreement Company, which agreement shall provide for registration rights, taken as a condition of any such transaction.whole, that are no less favorable than the registration rights provided in this Agreement,

Recapitalizations, Exchanges, etc. The provisions of this Agreement shall apply to the fullest full extent set forth herein with respect to (a) the New SharesCompany Common Stock and Warrant, (b) any and all securities into which New Shares shares of Company Common Stock or Warrant are converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company and (c) any and all equity securities of the Company or any successor or assign of the Company (whether by merger, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Shares Company Common Stock or Warrant and shall be appropriately adjusted for any share stock dividends, share subdivisions or consolidationssplits, bonus issuesreverse splits, combinations, recapitalizations and the like occurring after the date hereof. The Company shall cause any successor or assign (whether by merger, amalgamation, consolidation, sale of assets or otherwise) to assume the obligations of the Company under this Agreement or enter into a new registration rights agreement with the Holders on terms substantially the same as this Agreement as a condition of any such transaction.

Recapitalizations, Exchanges, etc. The provisions of this Agreement shall apply to the fullest extent set forth herein with respect to (ai) the New SharesCompany Common Stock, (bii) any and all securities into which New Shares are shares of Company Common Stock is converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company and (ciii) any and all equity securities of the Company or any successor or assign of the Company (whether by merger, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Shares Company Common Stock and shall be appropriately adjusted for any share stock dividends, share subdivisions or consolidationssplits, bonus issuesreverse splits, combinations, recapitalizations and the like occurring after the date hereof. The Company shall cause any successor or assign (whether by merger, amalgamation, consolidation, sale of assets or otherwise) to assume the obligations of the Company under this Agreement or enter into a new registration rights agreement with the Holders on terms substantially the same as this Agreement as a condition of any such transaction.. [Signature Pages Follow]

Recapitalizations, Exchanges, etc. The provisions of this Agreement shall apply to the fullest full extent set forth herein with respect to (ai) the New SharesCommon Stock, (bii) any and all securities into which New Shares the Registrable Securities are converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company and (ciii) any and all equity securities of the Company or any successor or assign of the Company (whether by merger, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Shares Common Stock and shall be appropriately adjusted for any share stock dividends, share subdivisions or consolidationssplits, bonus issuesreverse splits, combinations, recapitalizations and the like occurring after the date hereof. The Company shall cause any successor successor, assign or assign issuer of securities that are Registrable Securities (whether by merger, amalgamation, consolidation, sale of assets or otherwise) to assume the obligations of the Company under this Agreement or enter into a new registration rights agreement with the Designated Holders on terms substantially the same as this Agreement as a condition of any such transaction.

Recapitalizations, Exchanges, etc. The provisions of this Agreement shall apply to the fullest extent set forth herein with respect to (a) the New Common Shares, (b) any and all securities into which New Common Shares are converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company and (c) any and all equity securities of the Company or any successor or assign of the Company (whether by merger, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Common Shares and shall be appropriately adjusted for any share stock dividends, share subdivisions or consolidationssplits, bonus issuesreverse splits, combinations, recapitalizations and the like occurring after the date hereof. The Company shall cause any successor or assign (whether by merger, amalgamation, consolidation, sale of assets or otherwise) to assume the obligations of the Company under this Agreement or enter into a new registration rights agreement with the Holders on terms substantially the same as this Agreement as a condition of any such transaction.

Recapitalizations, Exchanges, etc. The provisions of this --------------------------------- Agreement shall apply to the fullest full extent set forth herein with respect to (a) the New SharesCommon Shares held by each Holder, (b) any and all securities shares of capital stock of the Company into which New Common Shares are converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company Company, and (c) any and all equity securities of the Company or any successor or assign of the Company (whether by merger, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Shares and such Common Shares. The provisions of this Agreement shall be deemed appropriately adjusted for any share stock dividends, share subdivisions or consolidationssplits, bonus issuesreverse splits, combinations, recapitalizations and the like occurring after the date hereof. The If requested by a Holder, the Company shall use its best efforts to cause any successor or assign (whether by mergersale, amalgamation, consolidation, sale of assets merger or otherwise) to assume the obligations of the Company under this Agreement or enter into a new registration rights agreement with the Holders such Holder on terms substantially the same as this Agreement as a condition of any such transaction., provided that the absence of such new agreement shall not alter in any respect the obligations of the successor or assign under this Agreement by virtue of the operation of Section 7.02

Recapitalizations, Exchanges, etc. The provisions of this Agreement shall apply to the fullest full extent set forth herein with respect to (ai) the New SharesCommon Stock, (bii) any and all securities into which New Shares the Securities are converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company and (ciii) any and all equity securities of the Company or any successor or assign of the Company (whether by merger, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Shares Common Stock and shall be appropriately adjusted for any share stock dividends, share subdivisions or consolidationssplits, bonus issuesreverse splits, combinations, recapitalizations and the like occurring after the date hereof. The Company shall cause any successor successor, assign or assign issuer of securities that are Registrable Securities (whether by merger, amalgamation, consolidation, sale of assets or otherwise) to assume the obligations of the Company under this Agreement or enter into a new registration rights agreement with the Designated Holders on terms substantially the same as this Agreement as a condition of any such transaction.

Recapitalizations, Exchanges, etc. The provisions of this Agreement shall apply to the fullest extent set forth herein with respect to (a) the New Common Shares, (b) any and all securities into which New Common Shares are converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company and (c) any and all equity securities of the Company or any successor or assign of the Company (whether by merger, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Common Shares and shall be appropriately adjusted for any share dividends, share subdivisions or consolidations, bonus issues, combinations, recapitalizations and the like occurring after the date hereof. The Company shall cause any successor or assign (whether by merger, amalgamation, consolidation, sale of assets or otherwise) to assume the obligations of the Company under this Agreement or enter into a new registration rights agreement with the Holders on terms substantially the same as this Agreement as a condition of any such transaction.

Recapitalizations, Exchanges, etc. The provisions of this Agreement shall apply to the fullest extent set forth herein with respect to (ai) the New Company Common Shares, (bii) any and all securities into which New Company Common Shares are converted, exchanged or substituted in any recapitalization or other capital reorganization by the Company and (ciii) any and all equity securities of the Company or any successor or assign of the Company (whether by merger, amalgamation, consolidation, sale of assets or otherwise) which may be issued in respect of, in conversion of, in exchange for or in substitution of, the New Company Common Shares and shall be appropriately adjusted for any share stock dividends, share subdivisions or consolidationssplits, bonus issuesreverse splits, combinations, recapitalizations and the like occurring after the date hereof. The Company shall cause any successor or assign (whether by merger, amalgamation, consolidation, sale of assets or otherwise) to assume the obligations of the Company under this Agreement or enter into a new registration rights agreement with the Holders on terms substantially the same as this Agreement as a condition of any such transaction.