Common use of Reorganization, Consolidation, Merger, etc Clause in Contracts

Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company shall (a) effect a reorganization, (b) consolidate with or merge into any other person, including the sale of substantially all of the Company’s outstanding share capital to a corporate third party, in consideration for such third party’s securities, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, as a condition to the consummation of such a transaction, proper and adequate provision shall be made by the Company whereby the Holder of this Warrant, on the exercise hereof as provided in Sections 2 and 3 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receive, in lieu of the Ordinary Shares issuable on such exercise prior to such consummation or such effective date, the shares and Other Securities and property (including cash) to which such Holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such Holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in Section 4.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bos Better Online Solutions LTD)

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Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company shall (ai) effect a reorganizationreorganization (other than a combination, reclassification, exchange or subdivision of shares, as otherwise provided for herein), (bii) consolidate with or merge into any other entity or person, including the sale of substantially all of the Company’s outstanding share capital to a corporate third party, in consideration for such third party’s securities, or (ciii) transfer all or substantially all of its properties or assets to any other entity or person including under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, then, as a condition to the consummation part of such a transactionreorganization, proper and adequate merger, consolidation, sale or transfer, lawful provision shall be made by so that the Company whereby the Holder of this WarrantHolder, on the exercise hereof as provided in Sections 2 and 3 Section 1 at any time after the consummation of such reorganization, consolidation consolidation, merger, sale or merger transfer or the effective date of such dissolutionreorganization, consolidation, merger, sale or transfer, as the case may be, shall be entitled to receive, in lieu of the Ordinary Shares Common Stock (or other securities) issuable on such exercise prior to such consummation or such effective date, the shares stock and Other Securities other securities and property (including cash) to which such the Holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such the Holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in this Section 43.

Appears in 1 contract

Samples: Websense Inc

Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company shall (a) effect a reorganization, (b) consolidate with or merge into any other person, including the sale of substantially all of the Company’s 's outstanding share capital to a corporate third party, in consideration for such third party’s 's securities, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, as a condition to the consummation of such a transaction, proper and adequate provision shall be made by the Company whereby the Holder of this Warrant, on the exercise hereof as provided in Sections 1 and 2 and 3 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receive, in lieu of the Ordinary Shares (or Other Securities) issuable on such exercise prior to such consummation or such effective date, the shares and Other Securities other securities and property (including cash) to which such Holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such Holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in Section 4.

Appears in 1 contract

Samples: Share Purchase Agreement (Bos Better Online Solutions LTD)

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Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company shall (a) effect a reorganization, (b) consolidate with or merge into any other person, including the sale of substantially all of the Company’s 's outstanding share capital to a corporate third party, in consideration for such third party’s 's securities, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, as a condition to the consummation of such a transaction, proper and adequate provision shall be made by the Company whereby the Holder of this Warrant, on the exercise hereof as provided in Sections 2 and 3 Section 1 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receive, in lieu of the Ordinary Shares (or Other Securities) issuable on such exercise prior to such consummation or such effective date, the shares and Other Securities other securities and property (including cash) to which such Holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such Holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in Section 4.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bos Better Online Solutions LTD)

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