Common use of Reclassification or Reorganization Clause in Contracts

Reclassification or Reorganization. In case of any reclassification, capital reorganization or recapitalization of the Company (other than as a result of a Stock Dividend, a Stock Subdivision or a Stock Combination provided for in Section 5(a)) that occurs after the Commencement Date, then, as a condition of such reclassification, reorganization or recapitalization, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the Holder, so that the Holder shall thereafter have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and/or other securities or property (including, if applicable, cash) receivable in connection with such reclassification, reorganization or recapitalization by a holder of the same number and type of securities as were purchasable as Warrant Shares by the Holder immediately prior to such reclassification, reorganization or recapitalization. In any such case appropriate provisions shall be made with respect to the rights and interest of the Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price payable hereunder, provided the Aggregate Exercise Price shall remain the same (and, for the avoidance of doubt, this Warrant shall be exclusively exercisable for such shares of stock and/or other securities or property from and after the consummation of such reclassification or other change in the capital stock of the Company).

Reclassification or Reorganization. In case of any reclassification, capital reorganization or recapitalization change in the capital stock of the Company (other than as a result of a Stock Dividend, a Stock Subdivision or a Stock Combination provided for in Section 5(a)) that occurs after the Commencement Date, then, as a condition of such reclassification, reorganization or recapitalizationchange, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the Holder, so that the Holder shall thereafter have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and/or other securities or property (including, if applicable, cash) receivable in connection with such reclassification, reorganization or recapitalization change by a holder of the same number and type of securities as were purchasable as Warrant Shares by the Holder immediately prior to such reclassification, reorganization or recapitalizationchange. In any such case appropriate provisions shall be made with respect to the rights and interest of the Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price payable hereunder, provided the Aggregate Exercise Price shall remain the same (and, for the avoidance of doubt, this Warrant shall be exclusively exercisable for such shares of stock and/or other securities or property from and after the consummation of such reclassification or other change in the capital stock of the Company).

Reclassification or Reorganization. In case (a) If at any time before the expiration of the IRR Term or the Time Call Term there shall be a Change of Control or any reclassificationconsolidation, capital reorganization merger or recapitalization of the Company (in which it is not the continuing or surviving corporation or pursuant to which the Company’s voting stock would be converted into cash, securities and/or other than as a result property, and the shares issuable on exercise of a Stock Dividend, a Stock Subdivision or a Stock Combination provided for the ACAS Options are not sold pursuant to and in Section 5(a)) that occurs after the Commencement Date, then, as a condition of such reclassification, reorganization or recapitalizationaccordance with Sections 2.4 and 2.5, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the Holder, made so that the Holder shall thereafter have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and/or other securities or property (including, if applicable, cash) receivable in connection with such reclassification, reorganization or recapitalization by a holder of the same number and type of securities as were purchasable as Warrant Shares by the Holder immediately prior to such reclassification, reorganization or recapitalization. In any such case appropriate provisions shall be made with respect to the rights and interest of the Holder so that the provisions hereof Xxxxx shall thereafter be applicable with respect entitled to any receive upon exercise of the ACAS Options, the number of shares of stock or other securities or property of the successor corporation resulting from any such transaction which a holder of the shares deliverable upon exercise hereofof the ACAS Options would have been entitled to receive in such transaction if the ACAS Options had been exercised immediately before such transaction. Upon any such transaction, this Agreement shall continue in full force and appropriate adjustments effect and the terms hereof shall be made applicable to the Exercise Price payable hereunder, provided the Aggregate Exercise Price shall remain the same (and, for the avoidance of doubt, this Warrant shall be exclusively exercisable for such shares of stock and/or and other securities or and property from and receivable on the exercise of the ACAS Options after the consummation of such transaction, and shall be binding upon the issuer of any such stock or other securities, whether or not such person shall have expressly assumed the terms of this Agreement. (b) In case there occurs any reclassification or other change in the capital stock of the Company)outstanding securities of the Company or of any reorganization of the Company (or any other corporation the stock or securities of which are at the time receivable upon the exercise of the ACAS Options) or any similar corporate reorganization on or after the date hereof; then and in each such case Xxxxx, upon the exercise hereof at any time after the consummation of such reclassification, change, or reorganization shall be entitled to receive, in lieu of the stock or other securities and property receivable upon the exercise hereof prior to such consummation, the stock or other securities or property to which Xxxxx would have been entitled upon such consummation if Xxxxx had exercised the ACAS Options immediately prior thereto, all subject to further adjustment pursuant to the provisions of this Agreement.

Reclassification or Reorganization. In case of any reclassification, capital reorganization reorganization, or recapitalization change of the outstanding Common Stock of the Company (other than as a result of a Stock Dividendsubdivision, a Stock Subdivision combination or a Stock Combination provided for in stock dividend covered by Section 5(a4.01 hereof)) that occurs after , at any time prior to the Commencement Dateexpiration of this Note, then, as a condition of such reclassification, reorganization reorganization, or recapitalizationchange, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the Holder, so that the Holder shall thereafter have the right at any time prior to the expiration of this Warrant Note to purchase, at a total price equal not to exceed that amount payable upon the exercise conversion of the unconverted portion of this WarrantNote, the kind and amount of shares of stock and/or and other securities or and property (including, if applicable, cash) receivable in connection with upon such reclassification, reorganization reorganization, or recapitalization change, by a holder of the same number and type of securities as were purchasable as Warrant Shares shares of Common Stock of the Company which might have been received by the Holder upon conversion immediately prior to such reclassification, reorganization or recapitalization. In change, and in any such case appropriate provisions shall be made with respect to the rights and interest of the Holder so of this Note to the end that the provisions hereof (including without limitation, provisions for the adjustment of the Conversion Price and of the number of Conversion Shares purchasable upon conversion of this Note) shall thereafter be applicable with respect in relation to any shares of stock or and other securities or and property thereafter deliverable upon exercise conversion hereof, and appropriate adjustments shall be made to the Exercise Price payable hereunder, provided the Aggregate Exercise Price shall remain the same (and, for the avoidance of doubt, this Warrant shall be exclusively exercisable for such shares of stock and/or other securities or property from and after the consummation of such reclassification or other change in the capital stock of the Company).