Common use of Reclassification or Merger Clause in Contracts

Reclassification or Merger. In case of any reclassification or change of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is the acquiring and the surviving corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder a new Warrant (in form and substance satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, so that the Holder shall have the right to receive upon exercise of this Warrant, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of the number of shares of Common Stock then purchasable under this Warrant. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 3. The provisions of this subparagraph (a) shall similarly apply to successive reclassifications, changes, mergers and transfers.

Reclassification or Merger. In case of any reclassification reclassification, change or change conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to top no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is the acquiring and the surviving a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder a new Warrant (in form and substance satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, so ) providing that the Holder of this Warrant shall have the right to receive exercise such new Warrant and upon such exercise of this Warrantto receive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of the number of shares one share of Common Stock then purchasable under this WarrantStock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 3. The provisions of this subparagraph (aSection 3(a) shall similarly apply to successive reclassificationsreclassification, changes, mergers and transfers.

Reclassification or Merger. In case of any reclassification reclassification, change or change conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is the acquiring and the surviving a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder a new Warrant (in form and substance satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, so providing that the Holder of this Warrant shall have the right to receive exercise such new Warrant and upon such exercise of this Warrantto receive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares of Common Stock each Share theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder Holder of one share of stock issuable upon the number of shares of Common Stock then purchasable under this Warrantexercise hereof. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 36. The provisions of this subparagraph (a) paragraph 6.A shall similarly apply to successive reclassifications, changes, mergers and transfers.

Reclassification or Merger. In Subject to earlier termination of this Warrant under Section 1 above, in any case of any reclassification reclassification, change or change conversion of securities of the class issuable upon exercise of this Warrant (other than a change in the par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company Corporation with or into another corporation (other than a merger with another corporation in which the Company Corporation is the acquiring and the surviving corporation a continuing corporation, and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the CompanyCorporation, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder a new Warrant (in form and substance satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, so providing that the Holder shall have the right to receive exercise such new Warrant and, upon exercise of this Warrantsuch exercise, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrantreceive, and in lieu of the shares each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of the number of shares one (1) share of Common Stock then purchasable under this WarrantStock. Such new Warrant shall provide for adjustments adjustment that shall be as nearly equivalent as may be practicable to the adjustments adjustment provided for in this Section 38. The provisions of this subparagraph (a) subsection 8.a shall similarly apply to successive reclassifications, changes, mergers and transfers.

Reclassification or Merger. In If at any time while this Warrant remains outstanding and unexpired, in case of any reclassification reclassification, change or change conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is the acquiring and the surviving a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder a new Warrant (in form and substance reasonably satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, so Investor) providing that the Holder Investor shall have the right to receive exercise such new Warrant and upon such exercise of this Warrantto receive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of the number of shares one share of Common Stock then purchasable under this WarrantStock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 3Paragraph 5. The provisions of this subparagraph (a) shall similarly apply to successive reclassificationsreclassification, changes, mergers and transferstransfers by the Company or any successor or purchasing corporation.

Reclassification or Merger. In If at any time while this Warrant remains outstanding and unexpired, in case of any reclassification reclassification, change or change conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is the acquiring and the surviving a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder a new Warrant (in form and substance reasonably satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, so Investor) providing that the Holder Investor shall have the right to receive exercise such new Warrant and upon such exercise of this Warrantto receive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of the number of shares one share of Common Stock then purchasable under this WarrantStock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 3Paragraph 5. The provisions of this subparagraph (a) shall similarly apply to successive reclassificationsreclassification, changes, mergers and transferstransfers by the Company or any success or purchasing corporation.

Reclassification or Merger. In Subject to earlier termination of this Warrant under Section 1 above, in any case of any reclassification reclassification, change or change conversion of securities of the class issuable upon exercise of this Warrant (other than a change in the par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company Corporation with or into another corporation (other than a merger with another corporation in which the Company Corporation is the acquiring and the surviving corporation a continuing corporation, and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the CompanyCorporation, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder a new Warrant (in form and substance satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, so providing that the Holder shall have the right to receive exercise such new Warrant and, upon exercise of this Warrantsuch exercise, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrantreceive, and in lieu of the shares each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of the number of shares one (1) share of Common Stock then purchasable under this WarrantStock. Such new Warrant shall provide for adjustments adjustment that shall be as nearly equivalent as may be practicable to the adjustments adjustment provided for in this Section 38. The provisions of this subparagraph (a) subsection 8.a. shall similarly apply to successive reclassifications, changes, mergers and transfers.

Reclassification or Merger. In case of any reclassification reclassification, change, or change conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is the acquiring and the surviving corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder a new Warrant warrant (in form and substance reasonably satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, so that the Holder shall have the right to receive upon exercise of this Warrantreceive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of capital stock, other securities, money money, and property receivable upon such that reclassification, change change, or merger by a holder of the number of shares of Common Stock then purchasable under this Warrant. Such That new Warrant warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 35. The provisions of this subparagraph subsection (a) shall similarly apply to successive reclassifications, changes, mergers and transfersmergers.

Reclassification or Merger. In case of any reclassification reclassification, change or change conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation or entity (other than a merger with another corporation in which the Company is the acquiring and the surviving a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporationcorporation or entity, as the case may be, shall duly execute and deliver to the Holder a new Warrant (in form and substance satisfactory to the Holder), or the Company shall make appropriate provision without the issuance holder of a new this Warrant, so ) providing that the Holder holder of this Warrant shall have the right to receive exercise such new Warrant and upon such exercise of this Warrantto receive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of the number of shares one share of Common Stock then purchasable under this WarrantStock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 3. Appendix I. The provisions of this subparagraph (a) Section 3 shall similarly apply to successive reclassifications, changes, mergers and transfers.

Reclassification or Merger. In case of (i) any reclassification or change changes of outstanding securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of (ii) any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is the acquiring and the surviving a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of (iii) any sale of all or substantially all of the assets of the Company, the CompanyCompany shall, as a condition precedent to any such transaction, execute a new Warrant or cause such successor or purchasing corporation, as the case may be, shall duly to execute and deliver to the Holder a new Warrant (in form and substance satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, so providing that the Holder shall have the right to receive upon exercise of this Warrant, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrantexercise, and shall receive, in lieu of the shares of Common Stock each Share theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of the number of shares of Common Stock then purchasable under this Warrantone Share. Such new Warrant shall provide for adjustments that which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 3paragraph 6. The provisions of this subparagraph (a) shall similarly apply to successive reclassifications, changes, mergers and transfers.

Reclassification or Merger. In case of any reclassification reclassification, change or change conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par pay value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is the acquiring and the surviving a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder a new Warrant (in form and substance satisfactory to the Holder), or the Company shall make appropriate provision without the issuance holder of a new this Warrant, so ) providing that the Holder holder of this Warrant shall have the right to receive exercise such new Warrant and upon such exercise of this Warrantto receive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares each share of Common Stock theretofore therefore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of the number of shares one share of Common Stock then purchasable under this WarrantStock. Such new Warrant shall provide for adjustments 19 that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 3Paragraph 4. The provisions of this subparagraph (a) Section 4.1 shall similarly apply to successive reclassificationsreclassification, changes, mergers and transfers.

Reclassification or Merger. In Subject to Section 1, in case of any reclassification or -------------------------- reclassification, change or, conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is the acquiring and the surviving a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder a new Warrant (in form and substance substance, satisfactory to the Holder), or the Company shall make appropriate provision without the issuance holder of a new this Warrant, so ) providing that the Holder holder of this Warrant shall have the right to receive exercise such new Warrant and upon such exercise of this Warrantto receive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of the number of shares one share of Common Stock then purchasable under this WarrantStock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 3Paragraph 4. The provisions of this subparagraph (a) Section 4.2 shall similarly apply to successive reclassifications, changes, mergers and transfers.

Reclassification or Merger. In case of any reclassification reclassification, change or change conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is the acquiring and the surviving a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder a new Warrant (in form and substance satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, so providing that the Holder holder of this Warrant shall have the right to receive exercise such new Warrant and upon such exercise of this Warrantto receive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares each share of Common Stock stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of one share of stock issuable upon the number of shares of Common Stock then purchasable under this Warrantexercise hereof. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 35. The provisions of this subparagraph (a) paragraph 5.1 shall similarly apply to successive reclassifications, changes, mergers and transfers.