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 paragraph (g)) or a merger or consolidation of the Corporation with or into another corporation, or the sale of all or substantially all of the Corporation’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 Series D Preferred Stock shall thereafter be entitled to receive upon conversion of such Series D Preferred Stock, the number of shares of stock or other securities or property of the Corporation 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 paragraph (g) with respect to the rights of the holders of the Series D Preferred Stock after the reorganization, merger, consolidation or sale to the end that the provisions of this paragraph (g) (including adjustment of the Series D Conversion Price then in effect and the number of shares purchasable upon conversion of the Series D Preferred Stock) shall be applicable 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 provided for elsewhere in this paragraph (gf)) or a merger or consolidation of the Corporation with or into another corporation, or the sale of all or substantially all of the Corporation’s properties and assets to any other Personperson, then, as a part of such reorganization, merger, consolidation or sale, provision shall be made so that the holders of the Series D A Preferred Stock shall thereafter be entitled to receive upon conversion of such Series D A Preferred Stock, the number of shares of stock or other securities or property of the Corporation 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 paragraph (gf) with respect to the rights of the holders of the Series D A Preferred Stock after the reorganization, merger, consolidation or sale to the end that the provisions of this paragraph (gf) (including adjustment of the Series D Conversion Price then in effect and the number of shares purchasable upon conversion of the Series D A Preferred Stock) shall be applicable 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 provided for elsewhere in this paragraph (gf)) or a merger or consolidation of the Corporation with or into another corporation, or the sale of all or substantially all of the Corporation’s properties and assets to any other Personperson, then, as a part of such reorganization, merger, consolidation or sale, provision shall be made so that the holders of the Series D A Preferred Stock shall thereafter be entitled to receive upon conversion of such Series D A Preferred Stock, the number of shares of stock or other securities or property of the Corporation 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 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 paragraph (gf) with respect to the rights of the holders of the Series D A Preferred Stock after the reorganization, merger, consolidation or sale to the end that the provisions of this paragraph (gf) (including adjustment of the Series D Conversion Price Rate then in effect and the number of shares purchasable upon conversion of the Series D A Preferred Stock) shall be applicable 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 provided for elsewhere in this paragraph (gf)) or a merger or consolidation of the Corporation with or into another corporation, or the sale of all or substantially all of the Corporation’s properties and assets to any other Personperson, then, as a part of such reorganization, merger, consolidation or sale, provision shall be made so that the holders of the Series D B Preferred Stock shall thereafter be entitled to receive upon conversion of such Series D B Preferred Stock, the number of shares of stock or other securities or property of the Corporation 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 paragraph (gf) with respect to the rights of the holders of the Series D B Preferred Stock after the reorganization, merger, consolidation or sale to the end that the provisions of this paragraph (gf) (including adjustment of the Series D Conversion Price then in effect and the number of shares purchasable upon conversion of the Series D B Preferred Stock) shall be applicable 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 provided for elsewhere in this paragraph (g)) or a merger or consolidation of the Corporation with or into another corporation, or the sale of all or substantially all of the Corporation’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 Series D C Preferred Stock shall thereafter be entitled to receive upon conversion of such Series D C Preferred Stock, the number of shares of stock or other securities or property of the Corporation 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 paragraph (g) with respect to the rights of the holders of the Series D C Preferred Stock after the reorganization, merger, consolidation or sale to the end that the provisions of this paragraph (g) (including adjustment of the Series D C Conversion Price then in effect and the number of shares purchasable upon conversion of the Series D C Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.

Reorganization, Mergers, Consolidations or Sales of Assets. If at any time time, or from time to time after the Original Issuance Date, 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 paragraph (gf)) or a merger or consolidation of the Corporation with or into another corporation, or the sale of all or substantially all of the Corporation’s properties and assets to any other Personperson, then, as a part of such reorganization, merger, consolidation or sale, provision shall be made so that the holders of the Series D B Preferred Stock shall thereafter be entitled to receive upon conversion of such Series D B Preferred Stock, the number of shares of stock or other securities or property of the Corporation 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 paragraph (gf) with respect to the rights of the holders of the Series D B Preferred Stock after the reorganization, merger, consolidation or sale to the end that the provisions of this paragraph (gf) (including adjustment of the Series D Conversion Price then in effect and the number of shares purchasable upon conversion of the Series D B Preferred Stock) shall be applicable after that event as nearly equivalent as may be practicable.