Common use of Reorganization, Reclassification, Etc Clause in Contracts

Reorganization, Reclassification, Etc. In case of any capital reorganization, or of any reclassification of the capital stock of the Company (other than a change in par value or from par value to no par value or from no par value to par value or as a result of a split-up or combination) or in case of the consolidation or merger of the Company with or into any other corporation (other than a consolidation or merger in which the Company is the continuing corporation and which does not result in the Common Stock being changed into or exchanged for stock or other securities or property of any other person), or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation, this Warrant shall, after such capital reorganization, reclassification of capital stock, consolidation, merger or sale, entitle the Holder hereof to purchase the kind and number of shares of stock or other securities or property of the Company or of the corporation resulting from such consolidation or surviving such merger or to which such sale shall be made, as the case may be, to which the holder hereof would have been entitled if he had held the Common Stock issuable upon the exercise hereof immediately prior to such capital reorganization, reclassification of capital stock, consolidation, merger or sale, and, in any such case, appropriate provision shall be made with respect to the rights and interests of the holder of this Warrant to the end that the provisions thereof (including without limitation provisions for adjustment of the Warrant Exercise Price and of the number of shares purchasable upon the exercise of this Warrant) shall thereafter be applicable, as nearly as may be in relation to any shares of stock, securities, or assets thereafter deliverable upon the exercise of the rights represented hereby. The Company shall not effect any such consolidation, merger or sale, unless prior to or simultaneously with the consummation thereof the successor corporation (if other than the Company) resulting from such consolidation or merger of the corporation purchasing such assets shall assume by written instrument executed and mailed or delivered to the registered holder hereof at the address of such holder appearing on the books of the Company, the obligation to deliver to such holder such shares of stock, securities or assets as, in accordance with the foregoing provisions, such holder may be entitled to purchase.

Reorganization, Reclassification, Etc. In case of any capital reorganization, or of any reclassification of the capital stock stock, of the Company (other than a change in par value or from par value to no par value or from no par value to par value or as a result of a split-up or combination) or in case of the consolidation or merger of the Company with or into any other corporation (other than a consolidation or merger in which the Company is the continuing corporation and which does not result in the Common Stock being changed into or exchanged for stock or other securities or property of any other person), or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation, this Warrant shall, after such capital reorganization, reclassification of capital stock, consolidation, merger or sale, entitle the Holder hereof to purchase the kind and number of shares of stock or other securities or property of the Company Company, or of the corporation resulting from such consolidation or surviving such merger or to which such sale shall be made, as the case may be, to which the holder Holder hereof would have been entitled if he the Holder had held the Common Stock issuable upon the exercise hereof immediately prior to such capital reorganization, reclassification of capital stock, consolidation, merger or sale, and, and in any such case, case appropriate provision shall be made with respect to the rights and interests of the holder Holder of this Warrant warrant to the end that the provisions thereof hereof (including including, without limitation limitation, provisions for adjustment of the Warrant Exercise Price and of the number of shares purchasable upon the exercise of this WarrantWarrant Shares) shall thereafter be applicable, as nearly as may be in relation to any shares of stock, securities, securities or assets thereafter deliverable upon the exercise of the rights represented hereby. The Company shall not effect any such consolidation, merger or sale, unless prior to or simultaneously with the consummation thereof the successor corporation (if other than the Company) resulting from such consolidation or merger of or the corporation purchasing such assets shall assume by written instrument executed and mailed or delivered to the registered holder Holder hereof at the address of such holder Holder appearing on in the books of the CompanyWarrant Register, the obligation to deliver to such holder Holder such shares of stock, securities or assets as, in accordance with the foregoing provisions, such holder Holder may be entitled to purchase.

Reorganization, Reclassification, Etc. In case of any capital reorganization, or of any reclassification of the capital stock stock, of the Company (other than a change in par value or from a par value to no par value or from no par value to a par value or as a result of a split-up or combination) or in case of the consolidation or merger of the Company with or into any other corporation (other than a consolidation or merger in which the Company is the continuing corporation and which does not result in the Common Stock being changed into into, or exchanged for for, stock or other securities or property of any other personPerson), or of the sale of all or substantially all of the properties and assets of the Company asto another corporation shall be effected, or substantially asa share exchange shall be effected by the Company with another corporation or Person, an entirety or the liquidation of the Company, or any other event similar to any other corporationof the foregoing events (any of the foregoing, a "Reorganization Event"), then, this Warrant shallWarrant, upon exercise after such capital reorganizationReorganization Event, reclassification of capital stock, consolidation, merger or sale, shall entitle the Warrant Holder hereof to purchase the kind and number of shares of stock or other securities or property of the Company Company, or of the corporation Person resulting from such consolidation or surviving such merger or to which such sale shall be made, as the case may beReorganization Event, to which the holder hereof Warrant Holder would have been entitled if he had held exercised the Common Stock issuable upon the exercise hereof Warrant in full immediately prior to such capital reorganization, reclassification of capital stock, consolidation, merger or sale, and, in Reorganization Event; and upon any such caseReorganization Event, appropriate provision shall be made with respect to the rights and interests of the holder of this Warrant Holder to the end that the provisions thereof hereof (including including, without limitation limitation, provisions for the term of the Warrant, adjustment of the Warrant Exercise Price and of the number of shares purchasable upon the exercise of this Warrant) shall thereafter be applicableapplicable thereafter, as nearly as may be in relation to any shares of stock, securities, securities or assets thereafter deliverable upon the exercise of the rights represented hereby. The Company shall not effect any such consolidation, merger or sale, Reorganization Event unless prior to to, or simultaneously with with, the consummation thereof the successor corporation Person (if other than the Company) resulting from such consolidation or merger of the corporation purchasing such assets Reorganization Event shall assume by written instrument executed and mailed or delivered to the registered holder hereof Warrant Holder at the address of such holder appearing on the books of the Company, the obligation to deliver to such holder such shares of stock, securities or assets as, in accordance with the foregoing provisions, such holder may be entitled to purchase.

Reorganization, Reclassification, Etc. In case of any capital reorganization, or of any reclassification of the capital stock of the Company (other than a change in par value or from par value to no par value or from no par value to par value or as a result of a split-up or combination) or in case of the consolidation or merger of the Company with or into any other corporation (other than a consolidation or merger in which the Company is the continuing corporation and which does not result in the Common Stock being changed into or exchanged for stock or other securities or property of any other person), or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation, this Warrant shall, after such capital reorganization, reclassification of capital stock, consolidation, merger or sale, entitle the Holder hereof to purchase the kind and number of shares of stock or other securities or property of the Company or of the corporation resulting from such consolidation or surviving such merger or to which such sale shall be made, as the case may be, to which the holder hereof would have been entitled if he had held the Common Stock issuable upon the exercise hereof immediately prior to such capital reorganization, reclassification of capital stock, consolidation, merger or sale, and, and in any such case, case appropriate provision shall be made with respect to the rights and interests of the holder of this Warrant to the end that the provisions thereof (including without limitation provisions for adjustment of the Warrant Exercise Price and of the number of shares purchasable upon the exercise of this Warrant) shall thereafter be applicable, as nearly as may be in relation to any shares of stock, securities, or assets thereafter deliverable upon the exercise of the rights represented hereby. The Company shall not effect any such consolidation, merger or sale, unless prior to or simultaneously with the consummation thereof the successor corporation (if other than the Company) resulting from such consolidation or merger of the corporation purchasing such assets shall assume by written instrument executed and mailed or delivered to the registered holder hereof at the address of such holder appearing on the books of the Company, the obligation to deliver to such holder such shares of stock, securities or assets as, in accordance with the foregoing provisions, such holder may be entitled to purchase.

Reorganization, Reclassification, Etc. In case of any capital reorganization, or of any reclassification of the capital stock of the Company (other than a change in par value or from par value to no par value or from no par value to par value or as a result of a split-up or combination) or in case of the consolidation or merger of the Company with or into any other corporation entity (other than a consolidation or merger in which the Company is the continuing corporation entity and which does not result in the Common Stock being changed into or exchanged for stock or other securities or property of any other person), or of the sale or transfer of the properties and assets of the Company as, or substantially as, an entirety to any other corporationentity, the Holder of this Warrant shallshall have the right thereafter (until the expiration of the right of exercise of this Warrant) to receive upon the exercise hereof, after for the same aggregate Warrant Exercise Price payable hereunder immediately prior to such capital reorganizationevent, reclassification of capital stock, consolidation, merger or sale, entitle the Holder hereof to purchase the kind and number amount of shares of stock or other securities or property (including cash) receivable upon such reclassification, reorganization, share reconstruction or amalgamation, or consolidation, or upon a dissolution following any such sale or transfer, by a Holder of the number of Warrant Shares of the Company or obtainable upon exercise of the corporation resulting from such consolidation or surviving such merger or to which such sale shall be made, as the case may be, to which the holder hereof would have been entitled if he had held the Common Stock issuable upon the exercise hereof this Warrant immediately prior to such capital reorganizationevent; and if any reclassification also results in a change in Warrant Shares covered by Section 4, reclassification of capital stock, consolidation, merger or sale, and, in any then such case, appropriate provision adjustment shall be made with respect pursuant to the rights Section 4 and interests of the holder this Section 5. The provisions of this Warrant Section 5 shall similarly apply to the end that the provisions thereof (including without limitation provisions for adjustment of the Warrant Exercise Price and of the number of shares purchasable upon the exercise of this Warrant) shall thereafter be applicablesuccessive reclassifications, as nearly as may be in relation to any shares of stockreorganizations, securitiesshare reconstructions or amalgamations, or assets thereafter deliverable upon the exercise of the rights represented hereby. The Company shall not effect any such consolidationconsolidations, merger sales or sale, unless prior to or simultaneously with the consummation thereof the successor corporation (if other than the Company) resulting from such consolidation or merger of the corporation purchasing such assets shall assume by written instrument executed and mailed or delivered to the registered holder hereof at the address of such holder appearing on the books of the Company, the obligation to deliver to such holder such shares of stock, securities or assets as, in accordance with the foregoing provisions, such holder may be entitled to purchasetransfers.

Reorganization, Reclassification, Etc. In Subject to the provisions of Section 3 hereof, in case of any capital reorganization, or of any reclassification of the capital stock of the Company (other than a change in par value or from par value to no par value or from no par value to par value or as a result of a split-up or combination) or in case of the consolidation or merger of the Company with or into any other corporation (other than a consolidation or merger in which the Company is the continuing corporation and which does not result in the Common Stock being changed into or exchanged for stock or other securities or property of any other person), or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation, this Warrant shall, after such capital reorganization, reclassification of capital stock, consolidation, merger or sale, entitle the Holder hereof to purchase the kind and number of shares of stock or other securities or property of the Company or of the corporation resulting from such consolidation or surviving such merger or to which such sale shall be made, as the case may be, to which the holder hereof would have been entitled if he had held the Common Stock issuable upon the exercise hereof immediately prior to such capital reorganization, reclassification of capital stock, consolidation, merger or sale, and, in any such case, appropriate provision shall be made with respect to the rights and interests of the holder of this Warrant to the end that the provisions thereof (including without limitation provisions for adjustment of the Warrant Exercise Price and of the number of shares purchasable upon the exercise of this Warrant) shall thereafter be applicable, as nearly as may be in relation to any shares of stock, securities, or assets thereafter deliverable upon the exercise of the rights represented hereby. The Company shall not effect any such consolidation, merger or sale, unless prior to or simultaneously with the consummation thereof the successor corporation (if other than the Company) resulting from such consolidation or merger of the corporation purchasing such assets shall assume by written instrument executed and mailed or delivered to the registered holder hereof at the address of such holder appearing on the books of the Company, the obligation to deliver to such holder such shares of stock, securities or assets as, in accordance with the foregoing provisions, such holder may be entitled to purchase.