Common use of Reclassification, Consolidation, Merger or Sale Clause in Contracts

Reclassification, Consolidation, Merger or Sale. In case of any reclassification or change of outstanding shares of Common Stock (other than a change in par value, or as a result of a subdivision or combination), or in case of any consolidation of the Company with, or merger of the Company with or into, any other entity that results in a reclassification, change, conversion, exchange or cancellation of outstanding shares of Common Stock or any sale or transfer of all or substantially all of the assets of the Company, each Holder of New Subordinated Notes then outstanding shall have the right thereafter to convert the New Subordinated Notes held by the Holder into the kind and amount of securities, cash and other property which the Holder would have been entitled to receive upon such reclassification, change, consolidation, merger, sale or transfer if the holder had held the Common Stock issuable upon the conversion of the New Subordinated Notes immediately prior to the reclassification, change, consolidation, merger, sale or transfer.

Reclassification, Consolidation, Merger or Sale. In case of any reclassification or change of outstanding shares of Common Stock (other than a change in par value, or as a result of a subdivision or combination), or in case of any consolidation of the Company with, or merger of the Company with or into, any other entity that results in a reclassification, change, conversion, exchange or cancellation of outstanding shares of Common Stock or any sale or transfer of all or substantially all of the assets of the Company, each Holder of New Subordinated Notes then outstanding shall have the right thereafter to convert the New Subordinated Notes held by the Holder into the kind and amount of securities, cash and other property which the Holder would have been entitled to receive upon such reclassification, change, consolidation, merger, sale or transfer if the holder had held the Common Stock issuable upon the conversion of the New Subordinated Notes immediately prior to the reclassification, change, consolidation, merger, sale or transfer.