Common use of Reclassification, Consolidation, Merger, etc Clause in Contracts

Reclassification, Consolidation, Merger, etc. In case of any reclassification or change of the outstanding shares of Common Stock (other than a change from no par value to par value or vice versa or a change in par value, or as a result of a subdivision or combination), or in the case of any consolidation of the Company with, or merger of the Company with or into, another corporation (other than a consolidation or merger in which the Company is the surviving corporation and which does not result in any reclassification or change of the outstanding shares of Common Stock except a change as a result of a subdivision or combination of such shares or a change in par value as aforesaid), or in the case of a sale or conveyance to another corporation of the property of the Company substantially as an entirety, the holder of this Warrant shall thereafter (but only until the Expiration Date) have the right to purchase the kind and number of shares of stock and/or other securities or property receivable upon such reclassification, change, consolidation, merger, sale or conveyance in respect of the number of shares issuable under this Warrant immediately prior to the time of determination of stockholders of the Company entitled to receive such shares of stock and/or other securities or property, at a purchase price equal to the product of (x) the number of shares issuable under this Warrant immediately prior to such determination, times (y) the Exercise Price in effect immediately prior to such determination, as if such holder had exercised this Warrant immediately prior to such determination. The Company shall be obligated to retain and set aside, or otherwise make fair provision for exercise of the right of the holder hereof to receive, the shares of stock and/or other securities or property provided for in this Section 5.4.

Reclassification, Consolidation, Merger, etc. In case of any reclassification or change of the outstanding shares of Common Stock (other than a change from no par value to par value or vice versa or a change in par value, or as a result of a subdivision or combination), or in the case of any consolidation of the Company with, or merger of the Company with or intointo another entity, or the sale of all or substantially all of its assets to another corporation entity shall be effected, or in case of any capital reorganization or reclassification of the Common Stock of the Company, then, as a condition of such consolidation, merger or sale, reorganization or reclassification of the Common Stock of the Company, lawful and adequate provision shall be made whereby the Warrant Holder shall thereafter have the right to receive upon the basis and upon the terms and conditions specified herein and in lieu of the shares of Common Stock of the Company immediately theretofore receivable upon the exercise of the Warrants, such shares of stock, or of securities, interests or assets (other than cash) as may be issued or payable with respect to or in exchange for a consolidation or merger in which the Company is the surviving corporation and which does not result in any reclassification or change number of the outstanding shares of Common Stock except a change as a result of a subdivision or combination of such shares or a change in par value as aforesaid), or in equal to the case of a sale or conveyance to another corporation of the property of the Company substantially as an entirety, the holder of this Warrant shall thereafter (but only until the Expiration Date) have the right to purchase the kind and number of shares of stock and/or other securities or property Common Stock immediately theretofore so receivable upon by the Warrant Holder had such reclassification, change, consolidation, merger, sale sale, reorganization or conveyance reclassification not taken place, and in any such case appropriate provision shall be made with respect to the rights and interests of the number of shares issuable under this Warrant immediately prior Holder to the time of determination of stockholders end that the provisions hereof (including without limitation provisions for adjustment of the Company entitled Exercise Price) shall thereafter be applicable, as nearly as may be in relation to receive such any shares of stock and/or other securities stock, securities, interests or property, at a purchase price equal to assets thereafter deliverable upon the product of (x) the number of shares issuable under this Warrant immediately prior to such determination, times (y) the Exercise Price in effect immediately prior to such determination, as if such holder had exercised this Warrant immediately prior to such determination. The Company shall be obligated to retain and set aside, or otherwise make fair provision for exercise of the right of the holder hereof to receive, the shares of stock and/or other securities or property provided for in this Section 5.4such Exercise rights.

Reclassification, Consolidation, Merger, etc. In the case of any reclassification or change of the outstanding shares of Common Stock (other than a change from no par value to par value or vice versa or a change in par value, or as a result of a subdivision or combination), or in the case of any consolidation of the Company with, or merger of the Company with or into, another corporation (other than a consolidation or merger in which the Company is the surviving corporation and which that does not result in any reclassification or change of the outstanding shares of Common Stock except a change as a result of a subdivision or combination of such shares or a change in par value as aforesaid), or in the case of a sale or conveyance to another corporation of the property of the Company substantially as an entirety, the holder of this Warrant shall thereafter (but only until the Expiration DateTime) have the right to purchase the kind and number of shares of stock and/or other securities or property receivable upon such reclassification, change, consolidation, merger, sale or conveyance in respect of the number of shares issuable under this Warrant immediately prior to the time of determination of stockholders of the Company entitled to receive such shares of stock and/or other securities or property, at a purchase price equal to the product of (x) the number of shares issuable under this Warrant immediately prior to such determination, times (y) the Exercise Price in effect immediately prior to such determinationprovided hereunder, as if such holder had exercised this Warrant immediately prior to such determination. The Company shall be obligated to retain and set aside, or otherwise make fair provision for exercise of the right of the holder hereof to receive, the shares of stock and/or other securities or property provided for in this Section 5.46.8.

Reclassification, Consolidation, Merger, etc. In case of of, during the period from the date hereof through the Expiration Date, any reclassification or change of the outstanding shares of Common Stock (other than a change from no par value to par value or vice versa or a change in par value, or as a result of a subdivision or combination), or in the case of any consolidation of the Company with, or merger of the Company with or into, another corporation (other than a consolidation or merger in which the Company is the surviving corporation and which does not result in any reclassification of, or change of the outstanding shares of Common Stock except a change in (other than as a result of a subdivision or combination of such shares or a change in par value as aforesaid), the outstanding shares of Common Stock of the company), or in the case of a sale or conveyance to another corporation of the property of the Company substantially as an entirety, the holder of this Warrant shall thereafter therefore (but only until the Expiration Date) have the right to purchase the kind and number of shares of stock and/or other securities or property receivable upon such reclassification, change, consolidation, merger, sale sale, or conveyance in respect of the number of shares issuable under this Warrant immediately prior to the time of determination of stockholders of the Company entitled to receive that would have been purchasable by such shares of stock and/or other securities or property, at a purchase price equal to the product of (x) the holder if such number of shares of Common Stock issuable under this Warrant hereunder had been purchased immediately prior to such determinationreorganization, times (y) the Exercise Price in effect immediately prior to such determinationreclassification, as if such holder had exercised this Warrant immediately prior to such determinationetc. The Company shall be obligated obliged to retain and set aside, or otherwise make fair provision for exercise of the right of the holder hereof to receive, receive the shares of stock and/or other securities or property provided for in this Section 5.45.2.