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, or dividend payable in shares provided for elsewhere in this Section 7) or a merger or consolidation of the Corporation with or into another corporation or other legal entity, or the sale of all or substantially all of the Corporation’s properties and assets to any other Person which is effected so that holders of Common Stock are entitled to receive (either directly or upon subsequent liquidation) stock, securities or assets with respect to or in exchange for Common Stock, then as a part of such capital reorganization, merger, consolidation or sale, proper provision will be made so that each holder of Series C Preferred will thereafter be entitled to receive upon conversion of the Series C Preferred the same number of shares of stock, securities or assets of the Corporation, or of the successor corporation or other legal entity resulting from such merger or consolidation or sale, which such holder would have been entitled to receive on such capital reorganization, merger, consolidation or sale if such holder’s Series C Preferred had been converted into Common Stock immediately prior to the record date established for determining holders entitled to such distribution, or if no such record date is established, as of the time of such transaction. In any such case, appropriate adjustment will be made in the application of the provisions of this Section 7(f) with respect to the rights of the holders of the Series C Preferred after the reorganization, merger, consolidation or sale to the end that the provisions of this Section 7(f) (including adjustment of the Conversion Rate then in effect) will be applicable after that event as nearly equivalent as may be practicable. This provision will apply to successive capital reorganizations, mergers, consolidations or sales. Nothing herein will diminish or otherwise offset the rights of the Series C Preferred under Section 4(b).

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, or dividend payable in shares provided for elsewhere in this Section 7) or a merger or consolidation of the Corporation with or into another corporation or other legal entity, or the sale of all or substantially all of the Corporation’s 's properties and assets to any other Person which is effected so that holders of Common Stock are entitled to receive (either directly or upon subsequent liquidation) stock, securities or assets with respect to or in exchange for Common Stock, then as a part of such capital reorganization, merger, consolidation or sale, proper provision will be made so that each holder of Series C A Preferred will thereafter be entitled to receive upon conversion of the Series C A Preferred the same number of shares of stock, securities or assets of the Corporation, or of the successor corporation or other legal entity resulting from such merger or consolidation or sale, which such holder would have been entitled to receive on such capital reorganization, merger, consolidation or sale if such holder’s 's Series C A Preferred had been converted into Common Stock immediately prior to the record date established for determining holders entitled to such distribution, or if no such record date is established, as of the time of such transaction. In any such case, appropriate adjustment will be made in the application of the provisions of this Section 7(f) with respect to the rights of the holders of the Series C A Preferred after the reorganization, merger, consolidation or sale to the end that the provisions of this Section 7(f) (including adjustment of the Conversion Rate then in effect) will be applicable after that event as nearly equivalent as may be practicable. This provision will apply to successive capital reorganizations, mergers, consolidations or sales. Nothing herein will diminish or otherwise offset the rights of the Series C A Preferred under Section 4(b).

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 dividend payable in exchange of shares provided for elsewhere in this Section 72.5.7) or a merger or consolidation of the Corporation Company with or into another corporation or other legal entitycorporation, or the sale of all or substantially all of the Corporation’s Company's properties and assets to any other Person person which is effected so that holders of Common Stock are entitled to receive (either directly or upon subsequent liquidation) stock, securities or assets with respect to or in exchange for Common Stock, then then, as a part of such capital reorganization, merger, consolidation or sale, proper provision will be made so that each holder the holders of the Series C E Preferred will thereafter be entitled to receive upon conversion of the Series C E Preferred the same number of shares of stock, securities or assets of the CorporationCompany, or of the successor corporation or other legal entity resulting from such merger or consolidation or sale, to which such a holder of the Common Stock deliverable upon conversion of Series E Preferred would have been entitled to receive on such capital reorganization, merger, consolidation or sale (regardless of whether the Series E Preferred is then-convertible and assuming a Conversion Price of $2.50 if such holder’s Series C Preferred had been converted into Common Stock immediately conversion is so deemed to occur prior to the record date established for determining holders entitled to such distributionJanuary 1, or if no such record date is established, as of the time of such transaction2004). In any such case, appropriate adjustment will be made in the application of the provisions of this Section 7(f) 2.5.7 with respect to the rights of the holders of the Series C E Preferred after the reorganization, merger, consolidation or sale to the end that the provisions of this Section 7(f) 2.5.7 (including adjustment of the Conversion Rate Price then in effecteffect and the number of shares purchasable upon conversion of the Series E Preferred) will be applicable after that event as nearly equivalent as may be practicable. This provision will apply to successive capital reorganizations, mergers, consolidations or sales. Nothing herein will diminish or otherwise offset the rights of the Series C Preferred under Section 4(b).

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 dividend payable in exchange of shares provided for elsewhere in this Section 72.8.6) or a merger or consolidation of the Corporation Company with or into another corporation or other legal entitycorporation, or the sale of all or substantially all of the Corporation’s Company's properties and assets to any other Person person which is effected so that holders of Common Stock are entitled to receive (either directly or upon subsequent liquidation) stock, securities or assets with respect to or in exchange for Common Stock, then then, as a part of such capital reorganization, merger, consolidation or sale, proper provision will be made so that each holder the holders of the Series C H Preferred will thereafter be entitled to receive upon conversion of the Series C H Preferred the same number of shares of stock, securities or assets of the CorporationCompany, or of the successor corporation or other legal entity resulting from such merger or consolidation or sale, to which such a holder of the Common Stock deliverable upon conversion of Series H Preferred would have been entitled to receive on such capital reorganization, merger, consolidation or sale if such holder’s (regardless of whether the Series C H Preferred had been converted into Common Stock immediately prior to the record date established for determining holders entitled to such distribution, or if no such record date is established, as then-convertible and assuming a Conversion Price of the time of such transaction$2.50). In any such case, appropriate adjustment will be made in the application of the provisions of this Section 7(f) 2.8.6 with respect to the rights of the holders of the Series C H Preferred after the reorganization, merger, consolidation or sale to the end that the provisions of this Section 7(f) 2.8.6 (including adjustment of the Conversion Rate Price then in effecteffect and the number of shares purchasable upon conversion of the Series H Preferred) will be applicable after that event as nearly equivalent as may be practicable. This provision will apply to successive capital reorganizations, mergers, consolidations or sales. Nothing herein will diminish or otherwise offset the rights of the Series C Preferred under Section 4(b).