Common use of Recapitalizations Clause in Contracts

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), provision shall be made so that Holder shall thereafter be entitled to receive upon conversion of the Note the number of shares of stock or other securities or property of the Company, or otherwise, to which a holder of Series A Preferred Stock would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Notes) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 3 or in Section 2 hereof) provision shall be made so that Holder the holders of Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Note such series of Preferred Stock the number of or shares of stock or other securities or property of the Company, this Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 3 with respect to the rights of Holder the holders of such series of Preferred Stock after the recapitalization to the end that the provisions of this Section 4 3 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Notes) shall be applicable after that event as they were before as nearly equivalent as may be practicable.such

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 4 or Section 2) provision shall be made so that Holder the holders of each series of Preferred Stock shall thereafter be entitled to receive upon conversion of the Note any of their shares of Preferred Stock, the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price for each series of Preferred Stock then in effect and the number of shares purchasable upon conversion of the Notessuch series of Preferred Stock ) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time ----------------- there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), ) provision shall be made so that Holder the holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Series A Preferred Stock the number of shares of stock or other securities or property of the Company, Company or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesSeries A Preferred Stock) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 4 or in Section 2) provision shall be made so that Holder the holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Note such Preferred Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of such Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Notessuch Preferred Stock) shall be applicable after that event as they were before and be as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 43 or Section 2), provision shall be made so that Holder the holders of the Preferred shall thereafter be entitled to receive upon conversion of the Note Preferred the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion immediately prior to such recapitalization would have been entitled to receive on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 3 with respect to the rights of Holder the holders of the Preferred after the recapitalization to the end extent that the provisions of this Section 4 3 (including adjustment of the applicable Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesPreferred) shall be applicable after that event as they were before as nearly equivalent equivalently as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 3 or in Section 2) provision shall be made so that Holder the holders of the Series D Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Series D Preferred Stock the number of shares of stock or other securities or property of the Company, this corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 3 with respect to the rights of Holder the holders of the Series D Preferred Stock after the recapitalization to the end that the provisions of this Section 4 3 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesSeries D Preferred Stock) shall be applicable after that event as they were before as nearly equivalent equivalently as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like other transaction provided for elsewhere in this Section 4), 3) provision shall be made so that Holder the holders of the Series B Preferred shall thereafter be entitled to receive upon conversion of the Note such Series B Preferred the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 3 with respect to the rights of Holder the holders of such Series B Preferred after the recapitalization to the end that the provisions of this Section 4 3 (including adjustment of the Series B Conversion Price Rate then in effect and the number of shares purchasable upon conversion of the Notessuch Series B Preferred) shall be applicable after that event as they were before and be as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 44 or in Section 2 of Article III(B), ) provision shall be made so that Holder the holders of Class A Common Stock shall thereafter be entitled to receive upon conversion of the Note such Class A Common Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of Class A Common Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Notessuch Class A Common Stock) shall be applicable after that event as they were before and be as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 4 or Section 2) provision shall be made so that Holder the holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Series A Preferred Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesSeries A Preferred Stock) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 5) provision shall be made so that Holder the holders of the Series C Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Series C Preferred Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 5 with respect to the rights of Holder the holders of the Series C Preferred Stock after the recapitalization to the end that the provisions of this Section 4 5 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesSeries C Preferred Stock) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 4 or Section 2) provision shall be made so that Holder the holders of the Series A and Series B Preferred Stock shall thereafter be entitled to receive upon conversion of the Note such Preferred Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of such Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Notessuch Preferred Stock) shall be applicable after that event as they were before and be as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 4 or Section 2) provision shall be made so that Holder the holders of the Series A Preferred Stock and the Series B Preferred Stock shall thereafter be entitled to receive upon conversion of the Note such Preferred Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of such Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Notessuch Preferred Stock) shall be applicable after that event as they were before and be as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), ) provision shall be made so that Holder the holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Series A Preferred Stock the number of shares of stock or other securities or property of the Company, Company or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the applicable Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesSeries A Preferred Stock) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be occurs a recapitalization of the Series A Preferred Common Stock (other than a Liquidation or a subdivision, combination combination, or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), provision 4(e)(i)-(iii) hereof) the holders of the Series B Preferred Stock shall be made so that Holder shall thereafter be entitled to receive upon conversion of the Note Series B Preferred Stock the number of shares of capital stock or other securities or property of the Company, Corporation or otherwise, otherwise to which a holder of Series A Preferred the Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 hereof with respect to the rights of Holder the holders of the Series B Preferred Stock after the recapitalization to the end that the provisions of this Section 4 hereof (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesSeries B Preferred Stock) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 4 or Section 2) provision shall be made so that Holder the holders of the Series A, Series A-l, Series B, Series B-x and Series C Preferred Stock shall thereafter be entitled to receive upon conversion of the Note such Preferred Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of such Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Notessuch Preferred Stock) shall be applicable after that event as they were before and be as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 5) provision shall be made so that Holder the holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Series A Preferred Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 5 with respect to the rights of Holder the holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 4 5 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesSeries A Preferred Stock) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time ----------------- there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), ) provision shall be made so that Holder the holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Series A Preferred Stock the number of shares of stock or other securities or property of the Company, Company or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the applicable Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesSeries A Preferred Stock) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), these Articles Supplementary) provision shall be made so that Holder the holders of the Series D2 Preferred Stock shall thereafter be entitled to receive upon conversion of the Note such Series D2 Preferred Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 6 with respect to the rights of Holder the holders of such Series D2 Preferred Stock after the recapitalization to the end that the provisions of this Section 4 6 (including adjustment of the Conversion Price then in effect and the number of shares purchasable issuable upon conversion of the Notessuch Series D2 Preferred Stock) shall be applicable after that event as they were before and be as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 5) provision shall be made so that Holder the holders of the Series B Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Series B Preferred Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 5 with respect to the rights of Holder the holders of the Series B Preferred Stock after the recapitalization to the end that the provisions of this Section 4 5 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesSeries B Preferred Stock) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or a reorganization, merger or sale of assets transaction or like consolidation transaction provided for elsewhere in this Section 4), provision shall be made so that Holder the holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Series A Preferred Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on in connection with such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Notes) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 4 or in Section 2) provision shall be made so that Holder the holders of the Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Preferred Stock the number of shares of stock or other securities or property of the Company, this corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of the Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price Prices then in effect and the number of shares purchasable upon conversion of the NotesPreferred Stock) shall be applicable after that event as they were before as nearly equivalent equivalently as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 6) provision shall be made so that Holder the holders of the Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Preferred Stock the number of shares of stock or other securities or property of the Company, Company or otherwise, to which a holder of Series A the number of shares of Common Stock deliverable upon conversion of the Preferred Stock would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 6 with respect to the rights of Holder the holders of the Preferred Stock after the recapitalization to the end that the provisions of this Section 4 4(e) (including adjustment of the Conversion Price Rate then in effect and the number of shares purchasable issuable upon conversion of the NotesPreferred Stock) shall be applicable after that event as they were before as nearly equivalent as may be practicableevent.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), 4 or in Section 2) provision shall be made so that Holder the holders of the Series A Preferred shall thereafter be entitled to receive upon conversion of the Note Series A Preferred the number of shares of stock or other securities or property of the Company, Company or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of the Series A Preferred after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the applicable Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesSeries A Preferred) shall be applicable after that event as they were before as nearly equivalent equivalently as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), ) provision shall be made so that Holder the holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Note Series A Preferred Stock the number of shares of stock or other securities or property of the Company, Company or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the NotesSeries A Preferred Stock) shall be applicable after that event as they were before as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- shall be a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination or merger or sale of assets transaction or like transaction provided for elsewhere in Section 4 or Section 2 of this Section 4Article IV(B), ) provision shall be made so that Holder the holders of the Series Preferred Stock shall thereafter be entitled to receive upon conversion of the Note such Series Preferred Stock the number of shares of stock or other securities or property of the Company, Corporation or otherwise, to which a holder of Series A Preferred Common Stock deliverable upon conversion would have been entitled on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of Holder the holders of such Series Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the applicable Series Preferred Conversion Price then in effect and the number of shares purchasable upon conversion of the Notessuch Series Preferred Stock) shall be applicable after that event as they were before and be as nearly equivalent as may be practicable.