Common use of Recapitalizations Clause in Contracts

Recapitalizations. If at any time or from time to time after the Series D Original Issue Date there shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 3 or Section 2), provision shall be made so that the holders of the Preferred shall thereafter be entitled to receive upon conversion of the Preferred the number of shares of stock or other securities or property of the Corporation or otherwise, which a holder of 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 3 with respect to the rights of the holders of the Preferred after the recapitalization to the extent that the provisions of this Section 3 (including adjustment of the applicable Conversion Price then in effect and the number of shares purchasable upon conversion of the Preferred) shall be applicable after that event as nearly equivalently as may be practicable.

Recapitalizations. If at any time or from time to time after the Series D Original Issue Date there shall be a recapitalization of the Common Stock Ordinary Shares (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 3 paragraph 10A(4) or Section 2in paragraph 10A(2)), provision shall be made so that the holders of the Preferred Shares shall thereafter be entitled to receive upon conversion of the Preferred Shares the number of shares of stock or other securities or property of the Corporation Company or otherwise, to which a holder of Common Stock Ordinary Shares 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 3 paragraph 10A(4) with respect to the rights of the holders of the Preferred Shares after the recapitalization to the extent end that the provisions of this Section 3 paragraph 10A(4) (including adjustment of the applicable Conversion Price then in effect and the number of shares purchasable upon conversion of the PreferredPreferred Shares) shall be applicable after that event as nearly equivalently equivalent as may be practicable.

Recapitalizations. If at any time or from time to time after the Series D Original Issue Date there shall be a recapitalization of the Common Stock Equity Shares (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 3 or Section 2), Clause 3) provision shall be made so that the holders of the Preferred Preference Holders shall thereafter be entitled to receive upon conversion of the Preferred Preference Shares the number of shares of stock or other securities or property of the Corporation Company or otherwise, to which a holder of Common Stock Equity Shares 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 Clause 3 with respect to the rights of the holders of the Preferred Preference Holders after the recapitalization to the extent end that the provisions of this Section Clause 3 (including adjustment of the applicable Conversion Price and Conversion Ratio then in effect for each series of Preference Shares and the number of shares purchasable upon conversion of the PreferredPreference Shares) shall be applicable after that event as nearly equivalently as may be practicable.

Recapitalizations. If at any time or from time to time after the Series D Original Issue Date there shall be a recapitalization of the Common Stock Shares (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 3 Clause 6.3 or Section 2), Clause 6.2) provision shall be made so that the holders of the Preferred Preference Shares shall thereafter be entitled to receive upon conversion of the Preferred Preference Shares the number of shares of stock Shares or other securities or property of the Corporation Company or otherwise, to which a holder of Common Stock Shares 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 3 Clause 6.3 with respect to the rights of the holders of the Preferred Preference Shares after the recapitalization to the extent end that the provisions of this Section 3 Clause 6.3 (including adjustment of the applicable Conversion Price then in effect and the number of shares Shares purchasable upon conversion of the PreferredPreference Shares) shall be applicable after that event as nearly equivalently equivalent as may be practicable.

Recapitalizations. If at any time or from time to time after the Series D Original Issue Date there shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 3 or Section 2), provision shall be made so that the holders of the Series A Preferred shall thereafter be entitled to receive upon conversion of the Series A Preferred the number of shares of stock or other securities or property of the Corporation or otherwise, which a holder of 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 3 with respect to the rights of the holders of the Series A Preferred after the recapitalization to the extent that the provisions of this Section 3 (including adjustment of the applicable Conversion Price then in effect and the number of shares purchasable upon conversion of the Series A Preferred) shall be applicable after that event as nearly equivalently as may be practicable.

Recapitalizations. If at any time or from time to time after the Series D Original Issue Date there shall be a recapitalization of the Common Stock Ordinary Shares (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 3 Article or Section 2Article 5.4), provision shall be made so that the holders of the Preferred Shares shall thereafter be entitled to receive upon conversion of the Preferred Shares the number of shares of stock Ordinary Shares or other securities or property of the Corporation Company or otherwise, to which a holder of Common Stock Ordinary Shares deliverable upon conversion immediately prior to such recapitalization would have been entitled immediately prior to receive on such recapitalization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 Article with respect to the rights of the holders of the Preferred Shares after the recapitalization to the extent end that the provisions of this Section 3 Article (including adjustment of the applicable Conversion Price then in effect and the number of shares purchasable issuable upon conversion of the PreferredPreferred Shares) shall be applicable after that event as nearly equivalently equivalent as may be practicable.

Recapitalizations. If at any time or from time to time after the Series D Original Issue Date there shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 3 or in Section 2), provision shall be made so that the holders of the Series Y Preferred Stock shall thereafter be entitled to receive upon conversion of the Series Y Preferred Stock the number of shares of stock or other securities or property of the Corporation corporation or otherwise, to which a holder of Common Stock deliverable upon conversion immediately prior to of such recapitalization Series Y Preferred Stock 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 3 with respect to the rights of the holders of the Series Y Preferred Stock after the recapitalization to the extent end that the provisions of this Section 3 (including adjustment of the applicable Conversion Price then in effect and the number of shares purchasable upon conversion of the PreferredSeries Y Preferred Stock) shall be applicable after that event in as nearly equivalently equivalent a way as may be practicable.

Recapitalizations. If at any time or from time to time after the Series D Original Issue Date there shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 3 or Section 2), ) provision shall be made so that the holders of the Preferred Stock shall thereafter be entitled to receive upon conversion of the Preferred Stock the number of shares of stock or other securities or property of the Corporation or otherwise, which a holder of Common Stock deliverable upon conversion of such series of Preferred Stock 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 3 with respect to the rights of the holders of the Preferred Stock after the recapitalization to the extent that the provisions of this Section 3 (including adjustment of the applicable Conversion Price Prices then in effect and the number of shares purchasable upon conversion of the PreferredPreferred Stock) shall be applicable after that event as nearly equivalently as may be practicable.

Recapitalizations. If at any time or from time to time after the Series D Original Issue Date there shall be a recapitalization of the Common Stock Units (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 3 3.12 or Section 2), in the event of a Liquidation Event) provision shall be made so that the holders of the Preferred Units shall thereafter be entitled to receive upon conversion of the Preferred Units the number of shares of stock Units or other securities or property of the Corporation LLC or otherwise, to which a holder of Common Stock Units 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 3 3.12 with respect to the rights of the holders of the Preferred Units after the recapitalization to the extent end that the provisions of this Section 3 3.12 (including adjustment of the applicable Conversion Price then in effect and the number of shares Units purchasable upon conversion of the PreferredPreferred Units) shall be applicable after that event as nearly equivalently as may be practicable.