Common use of Reclassification, Reorganization and Consolidation Clause in Contracts

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization or change in the Common Stock of the Company (other than as a result of a subdivision, combination or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) below), then, as a condition of such reclassification, reorganization or change, 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 have the right at any time prior to the expiration of this Option to purchase, at a total price equal to that payable upon the exercise of this Option, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization or change by a holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization or change. 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price payable hereunder, provided the aggregate purchase price shall remain the same.

Appears in 9 contracts

Samples: Option Agreement (National Health Partners Inc), Option Agreement (National Health Partners Inc), Option Agreement (National Health Partners Inc)

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Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization or change in the Common Stock Equity Interests of the Company (other than as a result of a subdivision, combination or stock dividend provided for in Section 8(a7(a) above or as a result of any “Fundamental Transaction” described an in-kind distribution provided for in Section 8(c7(c) below), then, as a condition of such reclassification, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the HolderHolders, so that the Holder Holders shall have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant, the kind and amount of shares of stock Equity Interests and other securities and or property receivable in connection with such reclassification, reorganization or change by a holder of the same a proportionate number and type of shares of Common Stock securities as were purchasable as Ordinary Shares by the Holder Holders immediately prior to such reclassification, reorganization or change. In any such case, case appropriate provisions shall be made with respect to the rights and interest of the Holder Holders so that the provisions hereof shall thereafter be applicable with respect to any shares of stock Equity Interests or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price per Ordinary Share payable hereunder; provided, provided that the aggregate purchase price Exercise Price shall remain the samesame (subject to adjustment in accordance with this Section 7).

Appears in 6 contracts

Samples: Securities Purchase Agreement (Carbon Revolution Public LTD Co), Warrant Agreement (Carbon Revolution Public LTD Co), Warrant Agreement (Carbon Revolution Public LTD Co)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a7(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant (subject to adjustment of the Exercise Price as provided in Section 7), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder Holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.

Appears in 6 contracts

Samples: Warrant Agreement (Azur Holdings, Inc.), Agreement for the Purchase of Common Stock (Parallel Technologies Inc), Agreement for the Purchase of Common Stock (Dalian Fushi Enterprise Group Company, Ltd.)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.

Appears in 5 contracts

Samples: Warrant Agreement (Mdu Communications International Inc), Warrant Agreement (Mdu Communications International Inc), Warrant Agreement (Mdu Communications International Inc)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock Shares of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder of the same number of shares of Common Stock Shares as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.

Appears in 5 contracts

Samples: Warrant Exercise Agreement (China Hydroelectric Corp), Warrant Agreement (China Hydroelectric Corp), Warrant Agreement (China Hydroelectric Corp)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant (subject to adjustment of the Exercise Price as provided in Section 8, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.

Appears in 4 contracts

Samples: Warrant Agreement (Mcy Com Inc /De/), Warrant Purchase Agreement (Nextron Communications Inc), Warrant Agreement (Mcy Com Inc /De/)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant (subject to adjustment of the Exercise Price as provided in Section 8, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder Holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.

Appears in 2 contracts

Samples: Warrant Agreement (Nextron Communications Inc), Warrant Agreement (Nextron Communications Inc)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock Shares of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 have the right at any time prior to the expiration of this Option Share Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionShare Warrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder of the same number of shares of Common Stock Shares as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.

Appears in 2 contracts

Samples: Warrant Agreement (China Hydroelectric Corp), Warrant Agreement (China Hydroelectric Corp)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder Holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.

Appears in 2 contracts

Samples: Warrant Agreement (Local Matters Inc.), Warrant Agreement (Local Matters Inc.)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant (subject to adjustment of the Exercise Price as provided in Section 8, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder Holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price shall remain in the same.

Appears in 1 contract

Samples: Warrant Agreement (Nextron Communications Inc)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a7(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant (subject to adjustment of the Exercise Price as provided in Section 7, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Warrant Agreement (Mcy Com Inc /De/)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, conversion of the Company’s Class A Common Stock or change in the Common Stock capital structure of the Company directly affecting the Company’s Class A Common Stock (other than as a result of a subdivision, combination stock split or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, then as a condition of such reclassification, reorganization reorganization, conversion or change, 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 have the right at any time prior to the expiration of this Option Expiration Date to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant, the kind and amount of shares of stock equity interests and other securities and or property receivable in connection with such reclassification, reorganization reorganization, conversion or change by a holder of the same number and type of shares of Common Stock securities as were purchasable as Warrant Stock by the Holder immediately prior to such reclassification, reorganization reorganization, conversion or change. In any such case, 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 equity interests or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Purchase Price for such Warrant Stock payable hereunder, provided that the aggregate purchase price Purchase Price shall remain the same.

Appears in 1 contract

Samples: Confidential Settlement Agreement (Hylete, Inc.)

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Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other ot her securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.

Appears in 1 contract

Samples: Warrant Agreement (Mdu Communications International Inc)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization or change in the Common Stock of the Company (other than as a result of a subdivision, combination or stock dividend provided for described in Section 8(a10(a) above or as a result of any "Fundamental Transaction" described in Section 8(c10(c) below), then, as a condition of such reclassification, reorganization or change, 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 have the right at any time prior to the expiration of this Option to purchase, at a total price equal to that payable upon the exercise of this Option, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization or change by a holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization or change. 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price payable hereunder, provided the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Marketing Incentive Plan (National Health Partners Inc)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a7(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant (subject to adjustment of the Exercise Price as provided in Section 8, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Warrant Agreement (Mcy Com Inc /De/)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a10(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, 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 Option to purchase, at a total price equal to that payable receive upon the exercise of this OptionWarrant, during the period specified herein and upon the payment of the Exercise Price then in effect, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder of the same number of shares of Common Stock as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. 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 and property deliverable upon exercise hereof, and case appropriate adjustments shall be made to the Exercise Price per Share payable hereunder, provided the aggregate purchase price Exercise Price for all Shares under this Warrant shall remain the samesame as such aggregate Exercise Price was before such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (First NBC Bank Holding Co)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a6(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the Holder, make appropriate provision so that the Holder shall have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this Option, purchase the kind and amount of shares of stock and other securities and property as were receivable in connection with such reclassification, reorganization reorganization, or change by a holder of the same number of shares of Common Stock Shares as were purchasable exercisable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. 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 such shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price payable hereunder, provided hereunder so that the aggregate purchase price payable for exercise of such shares or other securities and property shall remain equal the sameaggregate purchase price payable for exercise of the total number of Shares as were exercisable hereunder immediately prior to such reclassification, reorganization or change.

Appears in 1 contract

Samples: Warrant Agreement (Great Basin Scientific, Inc.)

Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization capital, reorganization, or change in the Common Stock Equity Securities of the Company or the Parent Corporation (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) belowabove), then, as a condition of such reclassification, reorganization reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company Company, the Parent Corporation or its successor shall be delivered to the Holder, so go that the Holder shall have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization reorganization, or change by a holder of the same number of shares of Common Stock Equity Securities as were purchasable by the Holder immediately prior to such reclassification, reorganization reorganization, or change. In any such case, 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 and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Warrant Agreement (Planetout Inc)

Reclassification, Reorganization and Consolidation. In the Subject to Section 1.1(a) and Section 2 hereof, in case of any Change of Control Transaction, reclassification, capital reorganization reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination combination, or stock dividend provided for in Section 8(a) above or as a result of any “Fundamental Transaction” described in Section 8(c) below3.1 above), then, as a condition of such reclassification, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the Holder, make appropriate provision so that the Holder holder of this Warrant shall have the right at any time prior to the expiration of this Option Warrant to purchase, at a total price equal to that payable upon the exercise of this OptionWarrant, the kind and amount of shares of stock and other securities and property receivable in connection with such Change of Control Transaction, reclassification, reorganization reorganization, or change by a holder of the same number of shares of Common Stock Shares as were purchasable by issuable pursuant to this Warrant (without regard to the Holder vesting of such Shares but without limiting any requirement otherwise hereunder to vest in such shares thereafter prior to exercise) immediately prior to such Change of Control Transaction, reclassification, reorganization reorganization, or change. In any such case, case appropriate provisions shall be made with respect to the rights and interest of the Holder holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the Exercise Price purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Warrant Agreement (Green Dot Corp)

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