Common use of Reorganization, Mergers, Consolidations or Sales of Assets Clause in Contracts

Reorganization, Mergers, Consolidations or Sales 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 6(c)), or a merger or consolidation of the Company with or into another entity then, as a part of such reorganization, merger, or consolidation, provision shall be made so that the Holders shall, after such reorganization, merger, or consolidation, be entitled to receive upon conversion of the Preferred Stock shares of stock of the Company, or of the successor entity resulting from such merger or consolidation, other securities and/or property to which the Common Stock issuable upon conversion of the Preferred Stock at the then Conversion Price (as in effect immediately prior to such reorganization, merger or consolidation) would have been entitled to receive upon such reorganization, merger or consolidation if such shares were then convertible at the Conversion Price at that time, and Common Stock issuable in connection with a conversion of the Preferred Stock after such reorganization, merger or consolidation shall refer to the shares of stock, other securities and/or property to be issued in respect of Common Stock in connection with such reorganization, merger or consolidation. If the holders of Common Stock have the right to elect the kind and amount of consideration receivable upon consummation of such transaction, then the Holders, in connection with such transaction and at the same time holders of Common Stock are allowed to make such election, shall be given the right to make a similar election ,which election must be made in the same time frame as the election of holders of Common Stock with respect to the consideration into which the Preferred Stock shall thereafter be convertible.

Reorganization, Mergers, Consolidations or Sales 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, shares provided for elsewhere in this Section 6(c)), paragraph 3) or a merger or consolidation of the Company Corporation with or into another entity corporation, or the sale of all or substantially all the Corporation’s properties and assets to any other person, then, as a part of such reorganization, merger, consolidation or consolidationsale, provision shall be made so that the Holders shall, after such reorganization, merger, or consolidation, holders of the Series F Preferred Stock shall thereafter be entitled to receive upon conversion of the Series F Preferred Stock Stock, the number of shares of stock or other securities or property of the CompanyCorporation, or of the successor entity Corporation resulting from such merger or consolidationconsolidation or sale, other securities and/or property to which the a holder of that number of shares of Common Stock issuable deliverable upon conversion of the Series F Preferred Stock at the then Conversion Price (as in effect immediately prior to such reorganization, merger or consolidation) would have been entitled to receive upon on such capital reorganization, merger merger, consolidation or consolidation if sale. In any such shares were then convertible at the Conversion Price at that timecase, and Common Stock issuable in connection with a conversion of the Preferred Stock after such reorganization, merger or consolidation appropriate adjustment shall refer to the shares of stock, other securities and/or property to be issued in respect of Common Stock in connection with such reorganization, merger or consolidation. If the holders of Common Stock have the right to elect the kind and amount of consideration receivable upon consummation of such transaction, then the Holders, in connection with such transaction and at the same time holders of Common Stock are allowed to make such election, shall be given the right to make a similar election ,which election must be made in the same time frame as application of the election provisions of holders of Common Stock this paragraph 3 with respect to the consideration into which rights of the holders of the Series F Preferred Stock after the reorganization, merger, consolidation or sale to the end that the provisions of this paragraph 3 (including adjustment of the Conversion Prices and the number of shares purchasable upon conversion of the Series F Preferred Stock) shall thereafter be convertibleapplicable after that event as nearly equivalent as may be practicable.

Reorganization, Mergers, Consolidations or Sales 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, shares provided for elsewhere in this Section 6(c)), paragraph 3) or a merger or consolidation of the Company Corporation with or into another entity corporation, or the sale of all or substantially all the Corporation’s properties and assets to any other person, then, as a part of such reorganization, merger, consolidation or consolidationsale, provision shall be made so that the Holders shall, after such reorganization, merger, or consolidation, holders of the Series E Preferred Stock shall thereafter be entitled to receive upon conversion of the Series E Preferred Stock Stock, the number of shares of stock or other securities or property of the CompanyCorporation, or of the successor entity Corporation resulting from such merger or consolidationconsolidation or sale, other securities and/or property to which the a holder of that number of shares of Common Stock issuable deliverable upon conversion of the Series E Preferred Stock at the then Conversion Price (as in effect immediately prior to such reorganization, merger or consolidation) would have been entitled to receive upon on such capital reorganization, merger merger, consolidation or consolidation if sale. In any such shares were then convertible at the Conversion Price at that timecase, and Common Stock issuable in connection with a conversion of the Preferred Stock after such reorganization, merger or consolidation appropriate adjustment shall refer to the shares of stock, other securities and/or property to be issued in respect of Common Stock in connection with such reorganization, merger or consolidation. If the holders of Common Stock have the right to elect the kind and amount of consideration receivable upon consummation of such transaction, then the Holders, in connection with such transaction and at the same time holders of Common Stock are allowed to make such election, shall be given the right to make a similar election ,which election must be made in the same time frame as application of the election provisions of holders of Common Stock this paragraph 3 with respect to the consideration into which rights of the holders of the Series E Preferred Stock after the reorganization, merger, consolidation or sale to the end that the provisions of this paragraph 3 (including adjustment of the Conversion Prices and the number of shares purchasable upon conversion of the Series E Preferred Stock) shall thereafter be convertibleapplicable after that event as nearly equivalent as may be practicable.

Reorganization, Mergers, Consolidations or Sales of Assets. If at a 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, an event provided for elsewhere in this Section 6(c)), paragraph 3) or a merger merger, consolidation or consolidation statutory exchange of securities of the Company with or into another entity corporation, or the sale of all or substantially all the Company's properties and assets to any other person, then, as a part of such reorganization, merger, consolidation or consolidationsale, provision shall be made so that the Holders shall, after such reorganization, merger, or consolidation, holders of Series A Preferred Stock shall thereafter be entitled to receive upon conversion of the shares of Series A Preferred Stock Stock, the number of shares of stock or other securities or property of the Company, or of the successor entity corporation resulting from such merger or consolidationconsolidation or sale, other securities and/or property to which the a holder of that number of shares of Common Stock issuable deliverable upon conversion of the shares of Series A Preferred Stock at the then Conversion Price (as in effect immediately prior to such reorganization, merger or consolidation) would have been entitled to receive upon on such capital reorganization, merger merger, consolidation or consolidation if sale. In any such shares were then convertible at the Conversion Price at that timecase, and Common Stock issuable in connection with a conversion of the Preferred Stock after such reorganization, merger or consolidation appropriate adjustment shall refer to the shares of stock, other securities and/or property to be issued in respect of Common Stock in connection with such reorganization, merger or consolidation. If the holders of Common Stock have the right to elect the kind and amount of consideration receivable upon consummation of such transaction, then the Holders, in connection with such transaction and at the same time holders of Common Stock are allowed to make such election, shall be given the right to make a similar election ,which election must be made in the same time frame as application of the election provisions of holders of Common Stock this paragraph 3 with respect to the consideration into which rights of the holders of Series A Preferred Stock after the reorganization, merger, consolidation or sale to the end that the provisions of this paragraph 3 (including, if necessary, adjustment of the Conversion Price then in effect and the number of shares purchasable upon conversion of the shares of Series A Preferred Stock) shall thereafter be convertibleapplicable after that event as nearly equivalent as may be practicable. The foregoing provisions shall similarly apply to successive consolidations, mergers, statutory exchanges, sales or conveyances.

Reorganization, Mergers, Consolidations or Sales of Assets. If Subject to paragraph 4, if at any time or from time to time there shall be a capital reorganization of the Common Stock Units (other than a subdivision, combination, reclassification or exchange of sharesunits, provided for elsewhere in this Section 6(c)subparagraph 4(e) or that constitutes a Liquidation Event), or a merger or consolidation of the Company with or into another entity then, as a part of such reorganization, merger, or consolidation, provision shall be made so that the Holders holders of the Series B Preferred Units shall, after such reorganization, merger, or consolidation, be entitled to receive upon conversion of the Series B Preferred Stock shares of stock Units (i) the consideration payable pursuant to subparagraph 4(b)(i)(x) and (ii) Common Units (or other equity securities) of the Company, Company or of the successor entity resulting from such merger or consolidation, other securities and/or property to which the Common Stock Units issuable upon conversion of the Series B Preferred Stock Units pursuant to subparagraph 4(b)(i)(y) at the then Conversion Price Ratio (as in effect immediately prior to such reorganization, merger or consolidation) would have been entitled to receive upon such reorganization, merger or consolidation if such shares Series B Preferred Units were then convertible at the Conversion Price Ratio at that time, and Common Stock Units issuable in connection with a conversion of the Series B Preferred Stock Units after such reorganization, merger or consolidation shall refer to the shares of stockCommon Units (or other equity securities), other securities and/or property to be issued in respect of Common Stock Units in connection with such reorganization, merger or consolidation. If the holders of Common Stock Units have the right to elect the kind and amount of consideration receivable upon consummation of such transaction, then the Holdersholders of the Series B Preferred Units, in connection with such transaction and at the same time holders of Common Stock Units are allowed to make such election, shall be given the right to make a similar election ,which election must be made in the same time frame as the election of holders of Common Stock with respect to the consideration into which the Series B Preferred Stock Units shall thereafter be convertible.

Reorganization, Mergers, Consolidations or Sales of Assets. If Subject to paragraph 4, if at any time or from time to time there shall be a capital reorganization of the Common Stock Units (other than a subdivision, combination, reclassification or exchange of sharesunits, provided for elsewhere in this Section 6(c)subparagraph 4(e) or that constitutes a Liquidation Event), or a merger or consolidation of the Company with or into another entity then, as a part of such reorganization, merger, or consolidation, provision shall be made so that the Holders holders of the Series A Preferred Units shall, after such reorganization, merger, or consolidation, be entitled to receive upon conversion of the Series A Preferred Stock shares of stock Units (i) the consideration payable pursuant to subparagraph 4(b)(i)(x) and (ii) Common Units (or other equity securities) of the Company, Company or of the successor entity resulting from such merger or consolidation, other securities and/or property to which the Common Stock Units issuable upon conversion of the Series A Preferred Stock Units pursuant to subparagraph 4(b)(i)(y) at the then Conversion Price Ratio (as in effect immediately prior to such reorganization, merger or consolidation) would have been entitled to receive upon such reorganization, merger or consolidation if such shares Series A Preferred Units were then convertible at the Conversion Price Ratio at that time, and Common Stock Units issuable in connection with a conversion of the Series A Preferred Stock Units after such reorganization, merger or consolidation shall refer to the shares of stockCommon Units (or other equity securities), other securities and/or property to be issued in respect of Common Stock Units in connection with such reorganization, merger or consolidation. If the holders of Common Stock Units have the right to elect the kind and amount of consideration receivable upon consummation of such transaction, then the Holdersholders of the Series A Preferred Units, in connection with such transaction and at the same time holders of Common Stock Units are allowed to make such election, shall be given the right to make a similar election ,which election must be made in the same time frame as the election of holders of Common Stock with respect to the consideration into which the Series A Preferred Stock Units shall thereafter be convertible.

Reorganization, Mergers, Consolidations or Sales of Assets. If Subject to paragraph 4, if at any time or from time to time there shall be a capital reorganization of the Common Stock Units (other than a subdivision, combination, reclassification or exchange of sharesunits, provided for elsewhere in this Section 6(c)subparagraph 4(e) or that constitutes a Liquidation Event), or a merger or consolidation of the Company with or into another entity then, as a part of such reorganization, merger, or consolidation, provision shall be made so that the Holders holders of the Series C Preferred Units shall, after such reorganization, merger, or consolidation, be entitled to receive upon conversion of the Series C Preferred Stock shares of stock Units (i) the consideration payable pursuant to subparagraph 4(b)(i)(x) and (ii) Common Units (or other equity securities) of the Company, Company or of the successor entity resulting from such merger or consolidation, other securities and/or property to which the Common Stock Units issuable upon conversion of the Series C Preferred Stock Units pursuant to subparagraph 4(b)(i)(y) at the then Conversion Price Ratio (as in effect immediately prior to such reorganization, merger or consolidation) would have been entitled to receive upon such reorganization, merger or consolidation if such shares Series C Preferred Units were then convertible at the Conversion Price Ratio at that time, and Common Stock Units issuable in connection with a conversion of the Series C Preferred Stock Units after such reorganization, merger or consolidation shall refer to the shares of stockCommon Units (or other equity securities), other securities and/or property to be issued in respect of Common Stock Units in connection with such reorganization, merger or consolidation. If the holders of Common Stock Units have the right to elect the kind and amount of consideration receivable upon consummation of such transaction, then the Holdersholders of the Series C Preferred Units, in connection with such transaction and at the same time holders of Common Stock Units are allowed to make such election, shall be given the right to make a similar election ,which election must be made in the same time frame as the election of holders of Common Stock with respect to the consideration into which the Series C Preferred Stock Units shall thereafter be convertible.