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 6) 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 Company or otherwise, to which a holder of 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 6 with respect to the rights of the holders of the Preferred Stock after the recapitalization to the end that the provisions of this Section 6(e) (including adjustment of the then applicable Voting Shares and Conversion Shares then in effect) shall be applicable after that event.

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 65 or Section 3) provision shall be made so that the holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A Preferred Stock the number of shares of stock or other securities or property of the Company or otherwise, to which a holder of 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 6 5 with respect to the rights of the holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 6(e) 5 (including adjustment of the then applicable Voting Shares and Conversion Shares Price then in effecteffect and the number of shares purchasable upon conversion of the Series A Preferred Stock) shall be applicable after that eventevent 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 combination, merger or sale of assets transaction provided for elsewhere in this Section 6) ), provision shall be made so that the holders of the Preferred Stock Holders shall thereafter be entitled to receive upon conversion of the Series B Convertible Preferred Stock the number of shares of stock Capital Stock or other securities or property of the Company or otherwise, to which a holder of 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 6 with respect to the rights of the holders of the Preferred Stock Holders after the recapitalization to the end that the provisions of this Section 6(e) 6 (including adjustment of the then applicable Voting Shares and Conversion Shares Number then in effecteffect and the number of shares issuable upon conversion of the Series B Convertible Preferred Stock) shall be applicable after that eventevent 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 6) provision shall be made so that the holders of the Series D Preferred Stock shall thereafter be entitled to receive upon conversion of the 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 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 6 with respect to the rights of the holders of the Series D Preferred Stock after the recapitalization to the end that the provisions of this Section 6(e) 6 (including adjustment of the then applicable Voting Shares and Series D Conversion Shares Price then in effecteffect and the number of shares purchasable upon conversion of the Series D Preferred Stock) shall be applicable after that eventevent 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 Common Stock (other than a subdivision, combination combination, or merger or sale of assets transaction provided for elsewhere in this Section 6) provision shall be made so that 4 hereof), the holders of the Series B Preferred Stock shall thereafter be entitled to receive upon conversion of the 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 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 6 4 hereof with respect to the rights of the holders of the Series B Preferred Stock after the recapitalization to the end that the provisions of this Section 6(e) 4 hereof (including adjustment of the then applicable Voting Shares and Conversion Shares Price then in effecteffect and the number of shares purchasable upon conversion of the Series B Preferred Stock) shall be applicable after that eventevent 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 Common Stock (other than a subdivision, combination combination, or merger or sale of assets transaction provided for elsewhere in this Section 6) provision shall be made so that 4 hereof), the holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A 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 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 6 4 hereof with respect to the rights of the holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 6(e) 4 hereof (including adjustment of the then applicable Voting Shares and Conversion Shares Price then in effecteffect and the number of shares purchasable upon conversion of the Series A Preferred Stock) shall be applicable after that eventevent 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 65) provision shall be made so that the holders of the Preferred Series A Stock shall thereafter be entitled to receive upon conversion of the Preferred 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 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 6 5 with respect to the rights of the holders of the Preferred Series A Stock after the recapitalization to the end that the provisions of this Section 6(e) 5 (including adjustment of the then applicable Voting Shares and Conversion Shares Price then in effecteffect and the number of shares purchasable upon conversion of the Series A Stock) shall be applicable after that eventevent 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 combination, merger or sale of assets transaction provided for elsewhere in this Section 6) ), provision shall be made so that the holders of the Preferred Stock Holders shall thereafter be entitled to receive upon conversion of the Series C Convertible Preferred Stock the number of shares of stock Capital Stock or other securities or property of the Company or otherwise, to which a holder of 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 6 with respect to the rights of the holders of the Preferred Stock Holders after the recapitalization to the end that the provisions of this Section 6(e) 6 (including adjustment of the then applicable Voting Shares and Conversion Shares Number then in effecteffect and the number of shares issuable upon conversion of the Series C Convertible Preferred Stock) shall be applicable after that eventevent 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 Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 6) provision shall be made so that 4 hereof), the holders of the Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the Series A 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 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 6 4 hereof with respect to the rights of the holders of the Series A Preferred Stock after the recapitalization to the end that the provisions of this Section 6(e) 4 hereof (including adjustment of the then applicable Voting Shares and Conversion Shares Price then in effecteffect and the number of shares purchasable upon conversion of the Series A Preferred Stock) shall be applicable after that eventevent 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 combination, merger or sale of assets transaction provided for elsewhere in this Section 6) (C)4 ), 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 Company or otherwise, Corporation to which a holder of 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 6 (C)4 with respect to the rights of the holders of the Preferred Stock after the recapitalization to the end that the provisions of this Section 6(e) (C)4 (including adjustment of the then applicable Voting Shares and Conversion Shares Price then in effecteffect and the number of shares issuable upon conversion of the Preferred Stock) shall be applicable after that eventevent 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 65 or Section 3.3) provision shall be made so that the holders of the Series D Preferred Stock shall thereafter be entitled to receive upon conversion of the Series D Preferred Stock the number of shares of stock or other securities or property of the Company or otherwiseproperty, to which a holder of 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 6 5 with respect to the rights of the holders of the Series D Preferred Stock after the recapitalization to the end so that the provisions of this Section 6(e) 5 (including adjustment of the then applicable Voting Shares and Conversion Shares then in effectwithout limitation Section 5.4) shall be applicable after that eventevent on a basis as equivalent to its application prior to such recapitalization as 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 6) provision shall be made so that the holders of the Series B Preferred Stock shall thereafter be entitled to receive upon conversion of the Series B 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 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 6 with respect to the rights of the holders of the Series B Preferred Stock after the recapitalization to the end that the provisions of this Section 6(e) 6 (including adjustment of the then applicable Voting Shares and Series B Conversion Shares Price then in effecteffect and the number of shares purchasable upon conversion of the Series B Preferred Stock) shall be applicable after that eventevent as nearly equivalent as may be practicable.