Common use of Recapitalizations Clause in Contracts

Recapitalizations. If at any time or from time to time ----------------- 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) provision shall be made so that the holders of the Series A Preferred Stock and Series B Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A Preferred Stock and Series B Preferred Stock, respectively, the number of shares of stock or other securities or property of the Company or otherwise, to which a holder of 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 3 with respect to the rights of the holders of the Series A Preferred Stock and Series B Preferred Stock after the recapitalization to the end that the provisions of this Section 3 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Series A Preferred Stock and Series B Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time ----------------- there shall be a recapitalization of the Common Stock (other than a subdivision, combination or merger or sale of assets transaction or other Triggering Event provided for elsewhere in this Section 5 or in Section 3) ), a provision shall be made so that the holders of the Series A Preferred Stock and Series B D Preferred Stock shall thereafter be entitled to receive upon conversion of the shares of Series A D Preferred Stock and Series B Preferred Stock, respectively, the number of shares of stock or other securities or property of the Company Corporation or otherwise, to which a holder of 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 3 5 with respect to the rights of the holders of the Series A Preferred Stock and Series B D Preferred Stock after the recapitalization to the end that the provisions of this Section 3 5 (including adjustment of the Conversion Price then in effect and the number of shares purchasable issuable upon conversion of the each share of Series A Preferred Stock and Series B D Preferred Stock) shall be applicable after that event 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 Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 34 or Section 2 of this Division B of this Article IV) provision shall be made so that the holders of the Series A Preferred Stock and Series A-B Preferred Stock shall thereafter be entitled to receive upon conversion of the each series of Series A Preferred Stock and Series A-B Preferred Stock, respectivelyas the case may be, the number of shares of stock or other securities or property of the Company Corporation or otherwise, to which a holder of 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 3 4 of this Division B of this Article IV with respect to the rights of the holders of the Series A Preferred Stock and Series A-B Preferred Stock after the recapitalization to the end that the provisions of this Section 3 4 of this Division B of this Article IV (including adjustment of the Conversion Price of each series of Series A-B Preferred Stock then in effect and the number of shares purchasable upon conversion of the any series of Series A Preferred Stock and Series A-B Preferred Stock, as the case may be) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- 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) provision shall be made so that the holders of the Series A Preferred Stock and Series B Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A Preferred Stock and Series B Preferred Stock, respectively, the number of shares of stock or other securities or property of the Company or otherwise, to which a holder of 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 3 with respect to the rights of the holders of the Series A Preferred Stock and Series B Preferred Stock after the recapitalization to the end that the provisions of this Section 3 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Series A Preferred Stock and Series B Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If If, at any time or from time to time ----------------- after the Filing Date there shall be a recapitalization of the Corporation’s Common Stock (other than (x) a subdivision, subdivision or combination or merger or sale of assets transaction provided for elsewhere in subsections (D)(3) or (D)(4) of this Section 34.3 or (y) a Deemed Liquidation as defined in Section 4.2(D)(1)) provision shall be made so that the holders of the Series A Preferred Stock and Series B each series of Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A each such series of Preferred Stock and Series B Preferred Stock, respectively, the number of shares of stock or other securities or property of the Company Corporation or otherwise, to which a holder of Common Stock deliverable upon conversion of such series of Preferred Stock would have been entitled on such recapitalization. In any such case, case appropriate adjustment shall be made in the application of the provisions of this Section 3 4.3 with respect to the rights of the holders of the Series A Preferred Stock and Series B each series of Preferred Stock after the recapitalization to the end that the provisions of this Section 3 4.3 (including adjustment of the Conversion Price then in effect and the number of shares purchasable issuable upon conversion of the Series A Preferred Stock and Series B each series of Preferred Stock) shall be applicable after that event as nearly equivalent as prior to that event as may be practicable.

Recapitalizations. If at any time or from time to time ----------------- 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 34 or in Section 2, but including any Change of Control Transaction which the holders of 66 2/3% of the Series A Preferred Stock determine shall not be treated as a liquidation) provision shall be made so that the holders of the Series A Preferred Stock and Series B Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A Preferred Stock and Series B Preferred Stock, respectively, thereof the number of shares of stock or other securities or property of the Company or otherwise, to which a holder of 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 3 4 with respect to the rights of the holders of the Series A Preferred Stock and Series B Preferred Stock after the recapitalization to the end that the provisions of this Section 3 4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of each series or class of the Series A Preferred Stock and Series B Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.

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

Recapitalizations. If at any time or from time to time ----------------- there shall be a recapitalization of the Common Stock (other than a subdivision, subdivision or combination of shares provided for in this Section 3 or merger or sale of assets transaction provided for elsewhere in this Section 32) provision shall be made so that the holders of the Series A Preferred Stock, Series B Preferred Stock and Series B C Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A Preferred Stock and Series B Preferred Stock, respectively, such series the number of shares of stock or other securities or property of the Company this corporation or otherwise, to which a holder of 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 3 with respect to the rights of the holders of the Series A Preferred Stock, Series B Preferred Stock and Series B C Preferred Stock after the recapitalization to the end that the provisions of this Section 3 (including adjustment of the Conversion Price Prices then in effect and the number of shares purchasable upon conversion of the Series A Preferred Stock and Series B Preferred Stocksuch series) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time ----------------- 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 Article IV.B.2 or this Section 3Article IV.B.4) provision shall be made so that the holders of the Series A Preferred Stock and Series B Preferred Stock shall thereafter be entitled to receive upon conversion of the such Series A Preferred Stock and Series B Preferred Stock, respectively, the number of shares of stock or other securities or property of the Company this Corporation or otherwise, to which a holder of the number of shares of Common Stock deliverable upon conversion of the Series A Preferred Stock held by such holder 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 3 Article IV.B.4 with respect to the rights of the holders of the Series A Preferred Stock and Series B Preferred Stock after the recapitalization to the end that the provisions of this Section 3 Article IV.B.4 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Series A Preferred Stock and Series B Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.

Recapitalizations. If at any time or from time to time there ----------------- there shall be a recapitalization or reclassification of the Common Stock (or a merger, transfer, consolidation, or exchange in respect to Units which does not constitute a Change in Control, other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 36 or Section 4) provision shall be made so that the holders of the Series A Preferred Stock and Series B Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A Preferred Stock and Series B Preferred Stock, respectively, the number of shares of stock or other securities or property of the Company this corporation or otherwise, to which a holder of 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 3 6 with respect to the rights of the holders of the Series A Preferred Stock and Series B Preferred Stock after the recapitalization to the end that the provisions of this Section 3 6 (including adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the Series A Preferred Stock and Series B Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.