Common use of Reclassification or Merger Clause in Contracts

Reclassification or Merger. In case of any reclassification, change or conversion of securities in 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 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, unless this Warrant shall have been exercised or terminated in accordance with its terms, the Holder of this Warrant shall have the right to exercise this Warrant and upon such exercise to receive, in lieu of 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 one share of Common Stock. The provisions of this subparagraph shall similarly apply to successive reclassifications, changes, mergers and transfers.

Reclassification or Merger. In case of any reclassification, change or conversion of securities in 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 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, unless this Warrant shall have been exercised or terminated in accordance with its terms, the Holder of this Warrant shall have the right to exercise this Warrant and upon such exercise to receive, in lieu of each share of Common Stock theretofore issuable upon exercise of this Warrant, thereafter be exercisable solely for the kind and amount of consideration, including but not limited to shares of stock, other securities, money and property receivable property, that the Holder would have received upon such reclassification, change change, conversion or merger by a holder of one share of Common Stockif the Holder had exercised this Warrant in full prior to such reclassification, change, conversion or merger. The provisions of this subparagraph shall similarly apply to successive reclassifications, changes, mergers and transfersconversions or mergers. The Company agrees to make appropriate provision in any definitive agreements providing for such a transaction in order to carry out the terms of this Section.

Reclassification or Merger. In If at any time while this Warrant remains outstanding and unexpired, in case of any reclassification, change or conversion of securities in 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 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, unless this the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant shall have been exercised or terminated (in accordance with its terms, form and substance reasonably satisfactory to the Holder of this Warrant Investor) providing that the Investor shall have the right to exercise this such new Warrant and upon such exercise to receive, in lieu of 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 one share of Common Stock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph 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 case of any reclassification, reclassification or change or conversion of securities in 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 a continuing 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, unless this Warrant the Company shall have been exercised or terminated in accordance with its terms, make appropriate provision so that the Holder of this Warrant shall have the right to receive upon exercise of this Warrant Warrant, at an aggregate Exercise Price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and upon such exercise to receive, in lieu of each share of Common Stock the Shares theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stockshares, other securities, money and property receivable upon such reclassification, change change, merger or merger sale by a holder Holder of one share the number of Common StockShares then purchasable under this Warrant. The provisions of this subparagraph (a) shall similarly apply to all successive reclassifications, or changes, mergers mergers, sale of assets and other transfers.

Reclassification or Merger. In case of any reclassification, reclassification or change or conversion of securities in 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 entity (other than a merger with another corporation entity in which the Company is a continuing corporation the acquiring and the surviving entity 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, unless the Company, or such successor or purchasing entity, as the case may be, shall duly execute and deliver to the holder of this Warrant shall have been exercised or terminated a new Warrant (in accordance with its termsform and substance substantially similar to this Warrant), so that the Holder holder of this Warrant shall have the right to receive upon exercise of such new Warrant, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant Warrant, and upon such exercise to receive, in lieu of each share of Common Stock the Shares theretofore issuable upon exercise of this Warrant, (i) 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 Common Stock. The provisions of this subparagraph shall similarly apply to successive reclassifications, changes, mergers and transfers.other

Reclassification or Merger. In case of any reclassification, change or conversion of securities in 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 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 ease of any sale of all or substantially all of the assets of the Company, unless this the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant shall have been exercised or terminated in accordance with its terms, providing that the Holder holder of this Warrant shall have the right to exercise this such new Warrant and upon such exercise to receive, in lieu of 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 Common Stockstock issuable upon the exercise hereof. The provisions of this subparagraph paragraph 2.1.1 shall similarly apply to successive reclassifications, changes, mergers and transfers.

Reclassification or Merger. In case of any reclassification, reclassification or change or conversion of securities in of the class issuable upon exercise of this a 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 a continuing the acquiring and the surviving corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrantthe Warrants), or in case of any sale of all or substantially all of the assets of the Company, unless this Warrant the Company shall have been exercised or terminated in accordance with its terms, make appropriate provision so that the Holder of this each Warrant shall have the right to receive upon exercise this Warrant of such Warrant, at an aggregate Exercise Price not to exceed that payable upon the exercise of the unexercised portion of such Warrant, and upon such exercise to receive, in lieu of each share of Common Stock the Shares theretofore issuable upon exercise of this such Warrant, the kind and amount of shares of stockshares, other securities, money and property receivable upon such reclassification, change change, merger or merger sale by a holder Holder of one share the number of Common StockShares then purchasable under such Warrant. The provisions of this subparagraph (a) shall similarly apply to all successive reclassifications, or changes, mergers mergers, sale of assets and other transfers.