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 4.5) or a merger or consolidation of the Company with or into another corporation or entity, or the sale of all or substantially all of the Company’s properties and assets to any other person, then, as a part of such reorganization, merger, consolidation or sale, provision shall be made so that the holders of the Debentures shall thereafter be entitled to receive upon conversion of the Debentures, the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such merger or consolidation or sale, to which a holder of Common Stock deliverable upon conversion would have been entitled 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 4.5 with respect to the rights of the holders of the Debentures after the reorganization, merger, consolidation or sale to the end that the provisions of this Section 4.5 (including adjustment of the Conversion Price then in effect and the number of shares receivable upon conversion of the Debentures) shall be applicable after that event as nearly equivalent as may be practicable.

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 subdivisionstock split, combination, reclassification subdivision or exchange combination of shares provided for elsewhere in this Section 4.54.5(a) above, stock or other dividend or distribution provided for in Section 4.5(b) or (c) above, or a reclassification, exchange or substitution provided for in Section 4.5(d) above) or a merger or consolidation Business Combination of the Company Issuer with or into another corporation or entity, or the sale of all or substantially all of the CompanyIssuer’s properties and assets to any other person, then, as a part of such reorganization, merger, consolidation or sale, Business Combination provision shall be made so that the holders Holders of the Debentures Convertible Notes shall thereafter be entitled to receive upon conversion of the DebenturesConvertible Notes, the number of shares of stock or other securities securities, Equity Interests or property of the CompanyIssuer, or of the successor corporation entity resulting from such merger or consolidation or saleBusiness Combination, to which a holder Holder of Common Stock deliverable (or any shares of stock or other securities or Equity Interests which may be) issuable upon conversion of the Convertible Note would have been entitled on if the Convertible Note had been converted immediately prior to such capital reorganization, merger, consolidation, or saleBusiness Combination. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4.5 with respect to the rights and interests of the holders of the Debentures Holders after the reorganization, merger, consolidation or sale Business Combination to the end that the provisions of this Section 4.5 (including adjustment of the Conversion Price then in effect and the number of shares Common Stock or other securities receivable upon conversion of the DebenturesConvertible Notes) shall be applicable after that event as nearly equivalent as may be practicableevent.

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 4.5) or a merger or consolidation of the Company with or into another corporation or entitycorporation, or the sale of all or substantially all of the Company’s properties and assets to any other person, then, as a part of such reorganization, merger, consolidation or sale, provision shall be made so that the holders of the Debentures Notes shall thereafter be entitled to receive upon conversion of the DebenturesNotes, the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such merger or consolidation or sale, to which a holder of Common Stock deliverable upon conversion would have been entitled 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 4.5 with respect to the rights of the holders of the Debentures Notes after the reorganization, merger, consolidation or sale to the end that the provisions of this Section 4.5 (including adjustment of the Conversion Price then in effect and the number of shares receivable upon conversion of the DebenturesNotes) shall be applicable after that event as nearly equivalent as may be practicable.