Common use of Reclassification, Exchange or Substitution Clause in Contracts

Reclassification, Exchange or Substitution. Upon any reclassification, exchange, substitution, or other event that results in a change of the number and/or class of the securities issuable upon exercise or conversion of this Warrant (other than an Acquisition described in Section 4 above or a stock dividend, split, etc. described in Sections 5.1 and 5.2 above), Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of securities and property that Holder would have received for the Shares if this Warrant had been exercised immediately before such reclassification, exchange, substitution or other event. The Company or its successor shall promptly issue to Holder a new Warrant for such new securities or other property. The new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 5.3 including, without limitation, appropriate adjustments to the Warrant Price and to the number of securities or amount of property issuable upon exercise or conversion of the new Warrant.

Appears in 5 contracts

Samples: Warrant Agreement (24/7 Real Media Inc), Warrant Agreement (Waechter Joseph), Warrant Agreement (Waechter Joseph)

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Reclassification, Exchange or Substitution. Upon any reclassification, exchange, substitution, or other event that results in a change of the number and/or class of the securities issuable upon exercise or conversion of this Warrant (other than an Acquisition described in Section 4 1.5 above or a stock dividend, split, etc. described in Sections 5.1 and 5.2 Section 2.1 above), Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of securities and property that Holder would have received for the Shares if this Warrant had been exercised immediately before such reclassification, exchange, substitution or other event. The Company or its successor shall promptly issue to Holder a new Warrant for such new securities or other property. The new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 5.3 2 including, without limitation, appropriate adjustments to the Warrant Exercise Price and to the number of securities or amount of property issuable upon exercise or conversion of the new Warrant.

Appears in 4 contracts

Samples: Subordinated Convertible Loan Facility and Security Agreement (Enphase Energy, Inc.), Subordinated Convertible Loan Facility and Security Agreement (Enphase Energy, Inc.), Warrant Agreement (Enphase Energy, Inc.)

Reclassification, Exchange or Substitution. Upon any reclassification, exchange, substitution, or other event that results in a change of the number and/or class of the securities issuable upon exercise or conversion of this Warrant (other than an Acquisition a merger, consolidation or recapitalization described in Section 4 1.4 above or a stock dividend, split, etc. described in Sections 5.1 and 5.2 Section 2.1 above), Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of securities and property that Holder would have received for the Shares if this Warrant had been exercised immediately before such reclassification, exchange, substitution or other event. The Company or its successor shall promptly issue to Holder a new Warrant for such new securities or other property. The new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 5.3 2 including, without limitation, appropriate adjustments to the Warrant Price and to the number of securities or amount of property issuable upon exercise or conversion of the new Warrant.

Appears in 2 contracts

Samples: Warrant Agreement (Imbimbo Dallas), Warrant Agreement (Kovacevich Nicholas)

Reclassification, Exchange or Substitution. Upon any reclassification, exchange, substitution, or other event that results in a change of the number and/or class of the securities issuable upon exercise or conversion of this Warrant (other than an Acquisition a merger, consolidation or recapitalization described in Section 4 1.6 above or a stock dividend, split, etc. described in Sections 5.1 and 5.2 Section 2.1 above), Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of securities and property that Holder would have received for the Shares if this Warrant had been exercised immediately before such reclassification, exchange, substitution or other event. The Company or its successor shall promptly issue to Holder a new Warrant for such new securities or other property. The new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 5.3 2 including, without limitation, appropriate adjustments to the Warrant Price and to the number of securities or amount of property issuable upon exercise or conversion of the new Warrant.

Appears in 2 contracts

Samples: Warrant Agreement (Bill.com Holdings, Inc.), Warrant Agreement (Bill.com Holdings, Inc.)

Reclassification, Exchange or Substitution. Upon any reclassification, exchange, substitution, or other event that results in a change of the number and/or class of the securities issuable upon exercise or conversion of this Warrant (other than an Acquisition described in Section 4 above a merger, consolidation or recapitalization or a stock dividend, split, etc. described in Sections 5.1 and 5.2 Section 2.1 above), Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of securities and property that Holder would have received for the Shares if this Warrant had been exercised immediately before such reclassification, exchange, substitution or other event. The Company or its successor shall promptly issue to Holder a new Warrant for such new securities or other property. The new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 5.3 2 including, without limitation, appropriate adjustments to the Warrant Price and to the number of securities or amount of property issuable upon exercise or conversion of the new Warrant.

Appears in 1 contract

Samples: Warrant Agreement (Glu Mobile Inc)

Reclassification, Exchange or Substitution. Upon any reclassification, exchange, substitution, or other event that results in a change of the number and/or class of the securities issuable upon exercise or conversion of this Warrant (other than an Acquisition a merger, consolidation or recapitalization described in Section 4 1.7 above or a stock dividend, split, etc. described in Sections 5.1 and 5.2 Section 2.1 above), Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of securities and property that Holder would have received for the Shares if this Warrant had been exercised immediately before such reclassification, exchange, substitution or other event. The Company or its successor shall promptly issue to Holder a new Warrant for such new securities or other property. The new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 5.3 2 including, without limitation, appropriate adjustments to the Warrant Price and to the number of securities or amount of property issuable upon exercise or conversion of the new Warrant.

Appears in 1 contract

Samples: Warrant Agreement (Bill.com Holdings, Inc.)

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Reclassification, Exchange or Substitution. Upon any reclassification, exchange, substitution, or other event that results in a change of the number and/or class of the securities issuable upon exercise or conversion of this Warrant (other than pursuant to an Acquisition described in Section 4 above or a stock dividend, split, etc. described in Sections 5.1 and 5.2 Section 3.1 above)) that occurs subsequent to the Issue Date, Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of securities and property that Holder would have received for the Shares if this Warrant had been exercised immediately before such reclassification, exchange, substitution or other event. The Company or its successor shall promptly issue to Holder a new Warrant for such new securities or other property. The new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 5.3 3 including, without limitation, appropriate adjustments to the Warrant Exercise Price and to the number of securities or amount of property issuable upon exercise or conversion of the new Warrant.

Appears in 1 contract

Samples: Warrant Agreement (Zynga Inc)

Reclassification, Exchange or Substitution. Upon any reclassification, exchange, substitution, or other event that results in a change of the number and/or class of the securities shares issuable upon exercise or conversion of this Warrant (other than an Acquisition a Liquidation Event described in Section 4 1.5 above or a stock dividend, share split, etc. described in Sections 5.1 and 5.2 Section 2.1 above)) that occurs subsequent to the Issue Date, Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of securities and property that Holder would have received for the Shares if this Warrant had been exercised immediately before such reclassification, exchange, substitution or other event. The Company or its successor shall promptly issue to Holder a new Warrant for such new securities or other property. The new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 5.3 2 including, without limitation, appropriate adjustments to the Warrant Exercise Price and to the number of securities or amount of property issuable upon exercise or conversion of the new Warrant.

Appears in 1 contract

Samples: Warrant Agreement (SmartRent, Inc.)

Reclassification, Exchange or Substitution. Upon any reclassification, exchange, substitution, or other event that results in a change of the number and/or class of the securities units of membership interest issuable upon exercise or conversion of this Warrant (other than an Acquisition described in Section 4 above or a stock dividend, split, etc. described in Sections 5.1 and 5.2 above)Warrant, Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of units of membership interest, securities and property that Holder would have received for the Shares Units if this Warrant had been exercised immediately before such reclassification, exchange, substitution substitution, or other event. The If this Warrant is not then exercised or converted, the Company or its successor shall promptly issue to Holder a new Warrant for such new units of membership interest, securities or other property. The new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 5.3 Article 2 including, without limitation, appropriate adjustments to the Warrant Exercise Price and to the number of units of membership interest, securities or amount of property issuable upon exercise or conversion of the new Warrant. The provisions of this Section 2.2 shall similarly apply to successive reclassifications, exchanges, substitutions, or other events.

Appears in 1 contract

Samples: Warrant Agreement (Akrion, Inc.)

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