Common use of Reorganization, Consolidation or Merger Clause in Contracts

Reorganization, Consolidation or Merger. 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, (c) voluntarily or involuntarily dissolve, liquidate or wind-up, or (d) transfer all or substantially all of its properties or assets to any other person, then in each such case, as a condition thereto, lawful and adequate provision shall be made so that the holder of this Warrant, on the exercise or conversion hereof as provided in 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 Class A Common Stock issuable on such exercise immediately prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder would have been entitled upon such consummation or in connection with such reorganization, consolidation, merger or dissolution, as the case may be, if such holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustments thereafter as provided in Section 4.

Appears in 5 contracts

Samples: Kenexa Corp, Kenexa Corp, Kenexa Corp

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Reorganization, Consolidation or Merger. 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 personPerson, (c) voluntarily or involuntarily dissolve, liquidate or wind-up, or (d) transfer all or substantially all of its properties or assets to any other personPerson, then in each such case, as a condition thereto, lawful and adequate provision shall be made so that the holder Holder of this Warrant, on the exercise or conversion hereof as provided in Section 1 2 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 Class A Common Stock issuable on such exercise immediately prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder Holder would have been entitled upon such consummation or in connection with such reorganization, consolidation, merger or dissolution, as the case may be, if such holder Holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustments thereafter as provided in this Section 43.

Appears in 5 contracts

Samples: Kenexa Corp, Kenexa Corp, Kenexa Corp

Reorganization, Consolidation or Merger. 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 personPerson, (c) voluntarily or involuntarily dissolve, liquidate or wind-up, or (d) transfer all or substantially all of its properties or assets to any other person, then in each such case, as a condition thereto, lawful and adequate provision shall be made so that the holder of this Warrant, on the exercise or conversion hereof as provided in 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 Class A Common Stock issuable on such exercise immediately prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder would have been entitled upon such consummation or in connection with such reorganization, consolidation, merger or dissolution, as the case may be, if such holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustments thereafter as provided in this Section 42.

Appears in 3 contracts

Samples: Kenexa Corp, Kenexa Corp, Common Stock and Warrant Purchase Agreement (Talentpoint Inc)

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Reorganization, Consolidation or Merger. 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 personPerson, (c) voluntarily or involuntarily dissolve, liquidate or wind-up, or (d) transfer all or substantially all of its properties or assets to any other personPerson, then in each such case, as a condition thereto, lawful and adequate provision shall be made so that the holder Holder of this Warrant, on the exercise or conversion hereof as provided in Section 1 2 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such -xxvii- dissolution, as the case may be, shall receive, in lieu of the Class A Common Stock issuable on such exercise immediately prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder Holder would have been entitled upon such consummation or in connection with such reorganization, consolidation, merger or dissolution, as the case may be, if such holder Holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustments thereafter as provided in this Section 43.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Talentpoint Inc)

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