Common use of Reorganization, Reclassification, Merger, Consolidation or Disposition of Assets Clause in Contracts

Reorganization, Reclassification, Merger, Consolidation or Disposition of Assets. In the event the Issuer shall reorganize its capital, reclassify its capital stock, consolidate or merge with and into another corporation or entity (where the Issuer is not the surviving corporation or where there is a change in or distribution with respect to the Common Stock of the Issuer), or sell, transfer or otherwise dispose of all or substantially all its property, assets or business to another corporation or entity and, pursuant to the terms of such reorganization, reclassification, merger, consolidation or disposition of assets, shares of common stock of the successor or acquiring corporation or entity, or any cash, shares of stock or other securities or property of any nature whatsoever (including warrants or other subscription or purchase rights) in addition to or in lieu of common stock of the successor or acquiring corporation or entity ("Other Property"), are to be received by or distributed to the holders of Common Stock of the Issuer, then the Issuer shall, as a condition precedent to such transaction, cause effective provisions to be made so that the Convertible Lender shall have the right thereafter to receive, upon exercise of its conversion rights, solely the number of shares of "common stock of the successor or acquiring corporation" or of the Issuer, if it is the surviving corporation, and

Reorganization, Reclassification, Merger, Consolidation or Disposition of Assets. In case the event the Issuer Company shall reorganize its capital, reclassify its capital stock, consolidate or merge with and or into another corporation or entity (where the Issuer Company is not the surviving corporation or where there is a change in or distribution with respect to the Common Stock of the IssuerCompany), or sell, transfer or otherwise dispose of all or substantially all its property, assets or business to another corporation or entity and, pursuant to the terms of such reorganization, reclassification, merger, consolidation or disposition of assets, shares of common stock of the successor or acquiring corporation or entitycorporation, or any cash, shares of stock or other securities or property of any nature whatsoever (including warrants or other subscription or purchase rights) in addition to or in lieu of common stock of the successor or acquiring corporation or entity ("Other Property"), are to be received by or distributed to the holders of Common Stock of the IssuerCompany, then the Issuer shall, as a condition precedent to such transaction, cause effective provisions to be made so that the Convertible Lender Holder shall have the right thereafter to receive, upon exercise of its conversion rightsthis Warrant, solely the number of shares of "common stock of the successor or acquiring corporation" corporation or of the IssuerCompany, if it is the surviving corporation, andand Other Property receivable upon or as a result of such reorganization, reclassification, merger, consolidation or disposition of assets by a holder of the number of shares of Common Stock for which this Warrant is exercisable immediately prior to

Reorganization, Reclassification, Merger, Consolidation or Disposition of Assets. In the event the Issuer shall reorganize its capital, reclassify its capital stock, consolidate or merge with and into another corporation or entity (where the Issuer is not the surviving corporation or where there is a change in or distribution with respect to the Common Stock of the Issuer), or sell, transfer or otherwise dispose of all or substantially all its property, assets or business to another corporation or entity and, pursuant to the terms of such reorganization, reclassification, merger, consolidation or disposition of assets, shares of common stock of the successor or acquiring corporation or entity, or any cash, shares of stock or other securities or property of any nature whatsoever (including warrants or other subscription or purchase rights) in addition to or in lieu of common stock of the successor or acquiring corporation or entity ("Other Property"), are to be received by or distributed to the holders of Common Stock of the Issuer, then the Issuer shall, as a condition precedent to such transaction, cause effective provisions to be made so that the Convertible Lender each Warrant Holder shall have the right thereafter to receive, upon exercise of its conversion rightsa warrant, solely the number of shares of "common stock of the successor or acquiring corporation" or of the Issuer, if it is the surviving corporation, andand Other Property receivable upon or as a result of such reorganization, reclassification, merger, consolidation or disposition of assets, by a holder of the number of shares of Common

Reorganization, Reclassification, Merger, Consolidation or Disposition of Assets. In case the event the Issuer Company shall reorganize its capital, reclassify its capital stock, consolidate or merge with and or into another corporation or entity (where the Issuer Company is not the surviving corporation or where there is a change in or distribution with respect to the Common Stock of the IssuerCompany), or sell, transfer or otherwise dispose of all or substantially all its property, assets or business to another corporation or entity and, pursuant to the terms of such reorganization, reclassification, merger, consolidation or disposition of assets, shares of common stock of the successor or acquiring corporation or entitycorporation, or any cash, shares of stock or other securities or property of any nature whatsoever (including warrants or other subscription or purchase rights) in addition to or in lieu of common stock of the successor or acquiring corporation or entity ("Other Property"), are to be received by or distributed to the holders of Common Stock of the IssuerCompany, then the Issuer shall, as a condition precedent to such transaction, cause effective provisions to be made so that the Convertible Lender Warrantholder shall have the right thereafter to receive, receive upon exercise of its conversion rightsthis Warrant, solely the number of shares of "common stock Common Stock of the successor or acquiring corporation" corporation or of the IssuerCompany, if it is the surviving corporation, andand Other Property receivable upon or as a result of such reorganization, reclassification, merger, consolidation or disposition of assets by a Warrantholder of the number of shares of Common Stock for which this Warrant is exercisable immediately prior to such event.

Reorganization, Reclassification, Merger, Consolidation or Disposition of Assets. (a) In case the event the Issuer Company shall reorganize its capital, capital or reclassify its capital stockstock (in each case, other than pursuant to a transaction to which Section 3.1 is applicable), consolidate or merge with and or into another corporation or entity Person (where the Issuer Company is not the surviving corporation entity or where there is a change in or distribution with respect to the Common Stock of the IssuerCompany), or sell, transfer or otherwise dispose of all or substantially all its property, assets or business to another corporation or entity Person and, pursuant to the terms of such reorganization, reclassification, merger, consolidation or disposition of assets, shares of common stock of the successor or acquiring corporation or entityPerson, or any cash, shares of stock or other securities or property of any nature whatsoever (including warrants or other subscription or purchase rights) in addition to or in lieu of common stock of the successor or acquiring corporation or entity Person ("“Other Property"”), are to be received by or distributed to the holders of Common Stock of the IssuerCompany, then the Issuer shallthen, as a condition precedent to such transaction, cause effective provisions to be made so that the Convertible Lender each Holder shall have the right thereafter to receive, upon exercise of its conversion rightssuch Warrant, solely the number of shares of "common stock of the successor or acquiring corporation" Person or of the IssuerCompany, if it is the surviving corporationentity, andand Other Property receivable upon or as a result of such reorganization, reclassification, merger, consolidation or disposition of assets by a holder of the number of shares of Common Stock for which this Warrant is exercisable immediately prior to such event , except in the event that a Section 3.4(a) Required Regulatory Approval (as defined below) has not been obtained.

Reorganization, Reclassification, Merger, Consolidation or Disposition of Assets. In the event the Issuer case DCEL shall reorganize its capital, reclassify its capital stock, merge or consolidate with or merge with and into another corporation or entity (where the Issuer DCEL is not the surviving corporation or where there is a change in or distribution with respect to the Class A Common Stock of the IssuerDCEL), enter into a statutory share exchange or sell, transfer or otherwise dispose of all or substantially all its property, assets or business to another corporation or entity and, pursuant to the terms of such reorganization, reclassification, merger, consolidation consolidation, exchange or disposition of assets, shares of common stock of the successor or acquiring corporation or entitycorporation, or any cash, shares of stock or other securities or property of any nature whatsoever (including warrants options or other subscription or purchase rights) in addition to or in lieu of common stock of the successor or acquiring corporation or entity ("Other Property"), are to be received by or distributed to the holders of Class A Common Stock of the IssuerStock, then the Issuer shall, as a condition precedent to such transaction, cause effective provisions to be made so that the Convertible Lender Holder shall have the right thereafter to receive, upon exercise of its conversion rightsthe Option and in lieu of shares of Class A Common Stock, solely the number of shares of "common stock of the successor or acquiring corporation" corporation of DCEL (if any), and Other Property receivable, upon or as a result of such reorganization, reclassification, merger, consolidation or disposition of assets, by a holder of the Issuernumber of shares of Class A Common Stock for which the Option is exercisable immediately prior to such event. The foregoing provisions of this Section 6.4 shall similarly apply to successive reorganizations, if it is the surviving corporationreclassifications, andmergers, consolidations or dispositions of assets.