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 combination, merger or sale of assets transaction or like transaction provided for elsewhere in this Section 46), provision shall be made so that Holder the Holders shall thereafter be entitled to receive upon conversion of the Note Series B Convertible Preferred Stock the number of shares of stock Capital Stock or other securities or property of the Company, or otherwise, Company to which a holder of Series A Preferred Common 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 after the recapitalization to the end that the provisions of this Section 4 6 (including adjustment of the Conversion Price Number then in effect and the number of shares purchasable issuable upon conversion of the NotesSeries B Convertible 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 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), 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), ) 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), 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 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 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), 5 or Section 3.3) provision shall be made so that Holder the holders of the Series D Preferred shall thereafter be entitled to receive upon conversion of the Note Series D Preferred the number of shares of stock or other securities or property of the Company, or otherwiseproperty, 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 D Preferred after the recapitalization to the end so 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 Noteswithout limitation Section 5.4) shall be applicable after that event on a basis as they were before equivalent to its application prior to such recapitalization 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 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 occurs a recapitalization of the Series A Preferred Common Stock (other than a subdivision, combination combination, or merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), provision shall be made so that the Holder shall thereafter be entitled to receive upon conversion of the this Note the number of shares of capital stock or other securities or property of the Company, Company or 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 with respect to the rights of the 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 Notesthis Note) 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 combination, merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4(C)4 ), provision shall be made so that Holder the holders of 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, or otherwise, Corporation to which a holder of Series A Preferred Common 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 (C)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 (C)4 (including adjustment of the Conversion Price 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 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 Stock shall thereafter be entitled to receive upon conversion of the Note Series A 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 5 with respect to the rights of Holder the holders of the Series A 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 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 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 merger or sale of assets transaction or like transaction provided for elsewhere in this Section 4), herein) provision shall be made so that the Holder shall thereafter be entitled to receive upon conversion exercise of the Note this Warrant 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 such exercise 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 the Holder after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Conversion Warrant Price then in effect and the number of shares purchasable upon conversion of the Notesfor which this Warrant can be exercised) 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.