Common use of Recapitalizations Clause in Contracts

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Class A Common Stock or Class B Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 4 or in Section 2 of this Article IV(B)) provision shall be made so that the holders of the Preferred Stock shall thereafter be entitled to receive upon conversion of such Preferred Stock the number of shares of stock or other securities or property of the Corporation or otherwise, to which a holder of Class A Common Stock or Class B 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 holders of such Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Preferred Stock Conversion Price then in effect and the number of shares issuable upon conversion of such Preferred Stock) shall be applicable after that event and be as nearly equivalent as practicable.

Appears in 3 contracts

Samples: Unsecured Pik Convertible Notes Purchase Agreement (Uber Technologies, Inc), Unsecured Pik Convertible Notes Purchase Agreement (Uber Technologies, Inc), Unsecured Pik Convertible Notes Purchase Agreement (Uber Technologies, Inc)

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

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Niku Corp), Series D Preferred Stock Purchase Agreement (Niku Corp)

Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Class A Common Stock or Class B Common Stock (other than a subdivision, combination or merger or sale of assets transaction which is deemed to be a liquidation of the Corporation under Article IV3.b or which is otherwise provided for elsewhere in this Section 4 or in Section 2 of this Article IV(BIV3.c)) , provision shall be made so that the holders of the Preferred Stock shall thereafter be entitled to receive upon conversion of such Preferred Stock the number of shares of stock or other securities or property of the Corporation or otherwise, otherwise to which a holder of Class A Common Stock or Class B 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 Article IV3.c with respect to the rights of the holders of such the Preferred Stock after the recapitalization to the end that the provisions of this Section 4 Article IV3.c (including adjustment of the Preferred Stock Conversion Price then in effect and the number of shares issuable purchasable upon conversion of such Preferred Stock) shall be applicable after that event and be as nearly equivalent as practicable.

Appears in 2 contracts

Samples: Loan and Security Modification Agreement (Singulex Inc), Loan and Security Modification Agreement (Singulex Inc)

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

Appears in 2 contracts

Samples: Preferred Stock Purchase Warrant (Zoosk, Inc), Preferred Stock Purchase Warrant (Zoosk, Inc)

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Recapitalizations. If at any time or from time to time there shall be a recapitalization of the Class A Common Stock or Class B Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 4 or in Section 2 of this Article IV(B)2) provision shall be made so that the holders of the Series A Convertible Preferred Stock and the Series A-1 Convertible Preferred Stock, as the case may be, shall thereafter be entitled to receive upon conversion of such Preferred Stock the number of shares of stock or other securities or property of the Corporation or otherwise, to which a holder of Class A Common Stock or Class B 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 holders of such Preferred Stock after the recapitalization to the end that the provisions of this Section 4 (including adjustment of the Preferred Stock Conversion Price then in effect and the number of shares of Common Stock issuable upon conversion of such Preferred Stock) shall be applicable after that event and be as nearly equivalent as practicable.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mso Holdings Inc)

Recapitalizations. If at any time or from time to time after the Series E Original Issue Date there shall be a recapitalization of the Class A Common Stock or Class B Common Stock (other than a subdivision, combination or merger or sale of assets transaction provided for elsewhere in this Section 4 3 or in Section 2 of this Article IV(B)) or a recapitalization pursuant to Section 8), provision shall be made so that the holders of the Preferred Stock shall thereafter be entitled to receive upon conversion of such the Preferred Stock the number of shares of stock or other securities or property of the Corporation or otherwise, to which a holder of Class A Common Stock or Class B 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 the holders of such the Preferred Stock after the recapitalization to the end extent that the provisions of this Section 4 3 (including adjustment of the Preferred Stock applicable Conversion Price then in effect and the number of shares issuable purchasable upon conversion of such Preferred Stockthe Preferred) shall be applicable after that event and be as nearly equivalent equivalently as may be practicable.

Appears in 1 contract

Samples: Warrant Agreement (Comscore, Inc.)

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