Common use of Reorganization of Corporation Clause in Contracts

Reorganization of Corporation. If, prior to the exercise in whole or part, or expiration, of this Warrant, the Corporation consolidates or merges with or into, or transfers or leases all or substantially all its assets to, any Person, upon consummation of such transaction, the Warrants shall automatically become exercisable for the kind and amount of securities, cash or other assets which the Holders of this Warrant would have owned immediately after the consolidation, merger, transfer or lease if each Holder had exercised the Warrant immediately before the effective date of the transaction, assuming that each Holder failed to exercise its rights of election, if any, as to the kind of amount of securities, cash or other assets receivable upon such a transaction. Concurrently with the consummation of such transaction, the Person formed by or surviving any such consolidation or merger if other than the Corporation, or the Person to which such transfer or lease shall have been made, shall enter into a supplemental Agreement so providing and further providing for adjustments that shall be as nearly equivalent as may be practical to the adjustments provided for in this Article 4. The successor to the Corporation shall mail to each Holder a notice describing the supplemental Agreement. If the issuer of securities deliverable upon exercise of Warrants under the supplemental Agreement is an Affiliate of the formed, surviving, transferee or lessee Person, that issuer shall join in the supplemental Agreement. If this Section 4.09 applies to a transaction, Sections 4.02 through 4.04 shall not apply.

Reorganization of Corporation. IfIf the Corporation, prior to the exercise in whole or part, or expiration, expiration of this Warrant, the Corporation consolidates or merges with or into, or transfers or leases all or substantially all its assets to, any Person, upon consummation of such transaction, the Warrants shall automatically become exercisable for the kind and amount of securities, cash or other assets which the Holders Holder of this Warrant would have owned immediately after the consolidation, merger, transfer or lease if each the Holder had exercised the this Warrant immediately before the effective date of the transaction, assuming that each the Holder failed to exercise its rights of election, if any, as to the kind of amount of securities, cash or other assets receivable upon such a transaction. Concurrently with the consummation of such transaction, the Person formed by or surviving any such consolidation or merger if other than the Corporation, or the Person to which such transfer or lease shall have been made, shall enter into a supplemental Agreement so providing and further providing for adjustments that shall be as nearly equivalent as may be practical to the adjustments provided for in this Article 4. The successor to the Corporation shall mail to each the Holder a notice describing the supplemental Agreement. If the issuer of securities deliverable upon exercise of Warrants under the supplemental Agreement is an Affiliate of the formed, surviving, transferee or lessee Person, that issuer shall join in the supplemental Agreement. If this Section 4.09 applies to a transaction, Sections 4.02 through 4.04 shall not apply.