Common use of Reorganization, Merger, Consolidation or Sale of Assets Clause in Contracts

Reorganization, Merger, Consolidation or Sale of Assets. If at any time or from time to time, there shall be a capital reorganization of the Common Stock (other than a subdivision, combination, reclassification, or exchange of shares provided for elsewhere in this Section 2) or a merger or consolidation of the Company with or into another entity where the Company is not the surviving entity, or the sale of all or substantially all of the Company's assets to any other person, then as a part of such reorganization, merger, consolidation, or sale, effective provision shall be made so that the Holder shall thereafter be entitled to receive upon exercise of this Warrant the number of shares of stock or other securities, instruments or property of the Company or of the successor entity resulting from such merger, consolidation, or sale to which a holder of the Common Stock issuable upon exercise of this Warrant would have been entitled upon such capital reorganization, merger, consolidation, or sale. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 2.5 with respect to the rights of the Holder after such reorganization, merger, consolidation, or sale to the end that the provisions of this Section 2 (including adjustment of the exercise price then in effect) shall be applicable after that event as nearly equivalent as may be practicable. The provisions of this Section 2.5 shall similarly apply to successive reorganizations, mergers, consolidations or sale of assets, and to the stock, securities or instruments of any other entity which are at the time receivable upon the exercise of this Warrant.

Reorganization, Merger, Consolidation or Sale of Assets. If If, at any time or from time to time, there shall be a capital reorganization of the shares of Common Stock (other than a subdivision, combination, reclassification, reclassification or exchange of shares provided for elsewhere in this Section 2section) or a merger or consolidation of the Company Maker with or into another entity where the Company is not the surviving entitycorporation, or the sale of all or substantially all of the CompanyMaker's properties and assets to any other personperson or entity, then as a part of such reorganization, merger, consolidation, consolidation or sale, effective provision shall be made so that the Holder holder of this Note shall thereafter be entitled to receive upon exercise conversion of this Warrant Note, the number of shares of capital stock or other securities, instruments securities or property of the Company Maker, or of the successor entity corporation resulting from such mergermerger or consolidation or sale, consolidation, or sale to which a the holder of the shares of Common Stock issuable deliverable upon exercise of this Warrant conversion would have been entitled upon on such capital reorganization, merger, consolidation, or sale. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 2.5 section with respect to the rights of the Holder holder of this Note after such the reorganization, merger, consolidation, consolidation or sale to the end that the provisions of this Section 2 section (including adjustment of the exercise price Conversion Price then in effecteffect and the number of shares of Common Stock receivable upon conversion of this Note) shall be applicable after that event as nearly equivalent hereto as may be practicable. The provisions of this Section 2.5 shall similarly apply to successive reorganizations, mergers, consolidations or sale of assets, and to the stock, securities or instruments of any other entity which are at the time receivable upon the exercise of this Warrant.

Reorganization, Merger, Consolidation or Sale of Assets. If If, at any time or from time to time, there shall be a capital reorganization of the shares of Common Stock (other than a subdivision, combination, reclassification, reclassification or exchange of shares provided for elsewhere in this Section 2section) or a merger or consolidation of the Company Borrower with or into another entity where the Company is not the surviving entitycorporation, or the sale of all or substantially all of the CompanyBorrower's properties and assets to any other personperson or entity, then as a part of such reorganization, merger, consolidation, consolidation or sale, effective provision shall be made so that the Holder holder of this Note shall thereafter be entitled to receive upon exercise of this Warrant the Conversion Right, the number of shares of capital stock or other securities, instruments securities or property of the Company Borrower, or of the successor entity corporation resulting from such mergermerger or consolidation or sale, consolidation, or sale to which a the holder of the shares of Common Stock issuable deliverable upon exercise of this Warrant conversion would have been entitled upon on such capital reorganization, merger, consolidation, or sale. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 2.5 section with respect to the rights of the Holder holder of this Note after such the reorganization, merger, consolidation, consolidation or sale to the end that the provisions of this Section 2 section (including adjustment of the exercise price Conversion Price then in effecteffect and the number of shares of Common Stock issuable upon exercise of the Conversion Right) shall be applicable after that event as nearly equivalent hereto as may be practicable. The provisions of this Section 2.5 shall similarly apply to successive reorganizations, mergers, consolidations or sale of assets, and to the stock, securities or instruments of any other entity which are at the time receivable upon the exercise of this Warrant.

Reorganization, Merger, Consolidation or Sale of Assets. If at any time or from time to time, there shall be a capital reorganization of the Common Stock (other than a subdivision, combination, reclassification, reclassification or exchange of shares provided for elsewhere in this Section 2Article III) or a merger or consolidation of the Company with or into another entity where the Company is not the surviving entity, or the transfer or sale of all or substantially all of the Company's assets to any other person, then as a part of such reorganization, merger, consolidation, transfer or sale, effective provision shall be made so that the Holder thereafter shall thereafter be entitled to receive upon exercise of this Warrant the number of shares of stock or other securities, instruments or property of the Company or of the successor entity resulting from such merger, consolidation, or sale to which a holder of the Common Stock issuable upon exercise of this Warrant would have been entitled upon such capital reorganization, merger, consolidation, or salesale as if such Warrants had been exercised immediately prior to such event. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 2.5 3.04 with respect to the rights of the Holder after such reorganization, merger, consolidation, or sale to the end that the provisions of this Section 2 Article III (including adjustment of the exercise price then in effect) shall be applicable after that event as nearly equivalent as may be practicable. The provisions of this Section 2.5 3.04 shall similarly apply to successive reorganizations, mergers, consolidations or sale of assets, and to the stock, securities or instruments of any other entity which are at the time receivable upon the exercise of this Warrant.

Reorganization, Merger, Consolidation or Sale of Assets. If at any time or from time to time, there shall be a capital reorganization of the Common Stock (other than a subdivision, combination, reclassification, or exchange of shares provided for elsewhere in this Section 2) or a merger or consolidation of the Company with or into another entity where the Company is not the surviving entity, or the sale of all or substantially all of the Company's assets to any other person, then as a part of such reorganization, merger, consolidation, or sale, effective provision shall be made so that the Holder shall thereafter be entitled to receive upon exercise of this Warrant the number of shares of stock or other securities, instruments or property of the Company or of the successor entity resulting from form such merger, consolidation, or sale to which a holder of the Common Stock issuable upon exercise of this Warrant would have been entitled upon such capital reorganization, merger, consolidation, or sale. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 2.5 with respect to the rights of the Holder after such reorganization, merger, consolidation, or sale to the end that the provisions of this Section 2 (including adjustment of the exercise price then in effect) shall be applicable after that event as nearly equivalent as may be practicable. The provisions of this Section 2.5 shall similarly apply to successive reorganizations, mergers, consolidations or sale of assets, and to the stock, securities or instruments of any other entity which are at the time receivable upon the exercise of this Warrant.