Common use of Reconstruction Clause in Contracts

Reconstruction. If prior to the Expiration Date, the Company effects a capital reconstruction (other than a subdivision, combination or stock dividend covered by paragraph (a) above), merger, consolidation or any return of capital or other capital distribution, except for periodic distributions made pro-rata among the shareholders of a class of stock or units which are not in redemption of any shares of Common Stock, or any similar capital transaction that would affect the capital structure of the Company, excluding any payment of an ordinary cash dividend in respect of the operations of the Company, then in such event (i) the number of shares of Common Stock issuable upon exercise hereof, (ii) the Exercise Price, or (iii) some or all of such factors, will be adjusted, as appropriate, in a manner (x) approved by the Company and the holder hereof and (y) which is fair and equitable to the holder hereof and the holders of Common Stock.

Reconstruction. If prior to the Expiration Date, the Company effects a capital reconstruction (other than a subdivision, combination or stock dividend covered by paragraph (a) above), merger, consolidation or any return of capital or other capital distribution, except for periodic distributions made pro-pro rata among the shareholders of a class of stock or units which are not in redemption of any shares of Common Stock, or any similar capital transaction that would affect the capital structure of the Company, excluding any payment of an ordinary cash dividend in respect of the operations of the Company, then in such event (i) the number of shares of Common Stock issuable upon exercise hereof, (ii) the Exercise Price, or (iii) some or all of such factors, will be adjusted, as appropriate, in a manner (x) approved by the Company and the holder hereof and (y) which is fair and equitable to the holder hereof and the holders of Common Stock.