Common use of Reorganizations, etc Clause in Contracts

Reorganizations, etc. In case of any capital reorganization, any reclassification of the shares 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 share dividend or subdivision, split-up or combination of shares), or the consolidation or merger of the Company with or into another entity (other than a consolidation or merger in which the Company is the continuing entity and which does not result in any change in the Common Stock) or of the sale of all or substantially all the properties and assets of the Company as an entirety to any other entity, this Warrant shall, after such reorganization, reclassification, consolidation, merger or sale, be exercisable for the kind and number of shares or other securities or property of the Company or of the entity resulting from such consolidation or surviving such merger or to which such properties and assets shall have been sold or of such other person to which such holder would have been entitled if he had held the Warrant Shares issuable upon the exercise hereof immediately prior to such reorganization, reclassification, consolidation, merger or sale.

Appears in 4 contracts

Samples: Stock Purchase and Sale Agreement (Brooke Corp), Warrant Agreement (First American Capital Corp /Ks), Warrant Agreement (First American Capital Corp /Ks)

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Reorganizations, etc. In case of any capital reorganization, of any reclassification of the shares 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 share stock dividend or subdivision, split-up or combination of shares), or the consolidation or merger of the Company with or into another entity corporation (other than a consolidation or merger in which the Company is the continuing entity corporation and which does not result in any change in the Common Preferred Stock) or of the sale of all or substantially all the properties and assets of the Company as an entirety to any other entitycorporation, this Warrant shall, after such reorganization, reclassification, consolidation, merger or sale, be exercisable for the kind and number of shares of stock or other securities or property of the Company or of the entity corporation resulting from such consolidation or surviving such merger or to which such properties and assets shall have been sold or of such other person to which such holder would have been entitled if he had held the Warrant Shares Preferred Stock issuable upon the exercise hereof immediately prior to such reorganization, reclassification, consolidation, merger or sale.

Appears in 2 contracts

Samples: Series B Convertible Preferred Stock Purchase Warrant (Viewlocity Inc), Stockholders Agreement (Viewlocity Inc)

Reorganizations, etc. In case of any capital reorganization, of any reclassification of the shares 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 -par value or as a result of a share stock dividend or subdivision, split-up or combination of shares), or the consolidation or merger of the Company with or into another entity corporation (other than a consolidation or merger in which the Company is the continuing entity corporation and which does not result in any change in the Common Preferred Stock) or of the sale of all or substantially all the properties and assets of the Company as an entirety to any other entitycorporation, this Warrant shall, after such reorganization, reclassification, consolidation, merger or sale, be exercisable for the kind and number of shares of stock or other securities or property of the Company or of the entity corporation resulting from such consolidation or surviving such merger or to which such properties and assets shall have been sold or of such other person to which such holder would have been entitled if he had held the Warrant Shares Preferred Stock issuable upon the exercise hereof immediately prior to such reorganization, reclassification, consolidation, merger or sale.

Appears in 1 contract

Samples: Series B Convertible Preferred Stock Purchase Warrant (Viewlocity Inc)

Reorganizations, etc. In case of any capital reorganization, any reclassification of the shares 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 share stock dividend or subdivision, split-up or combination of shares), or the consolidation or merger of the Company with or into another entity corporation (other than a consolidation or merger in which the Company is the continuing entity corporation and which does not result in any change in the Common Series A Preferred Stock) or of the sale of all or substantially all the properties and assets of the Company as an entirety to any other corporation or other person or entity, this Warrant shall, after such reorganization, reclassification, consolidation, merger or sale, be exercisable for the kind and number of shares of stock or other securities or property (including cash) of the Company or of the entity corporation resulting from such consolidation or surviving such merger or to which such properties and assets shall have been sold or of such other person to which such holder the Holder would have been entitled if he the Holder had held the Warrant Shares shares of Series A Preferred Stock issuable upon the exercise hereof immediately prior to such reorganization, reclassification, consolidation, merger or sale.

Appears in 1 contract

Samples: Warrant Agreement (Viewlocity Inc)

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Reorganizations, etc. In case of any capital reorganization, of any reclassification of the shares 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 share stock dividend or subdivision, split-up or combination of shares), or the consolidation or merger of the Company with or into another entity corporation (other than a consolidation or merger in which the Company is the continuing entity corporation . and which does not result in any change in the Common Preferred Stock) or of the sale of all or substantially all the properties and assets of the Company as an entirety to any other entitycorporation, this Warrant shall, after such reorganization, reclassification, consolidation, merger or sale, be exercisable for the kind and number of shares of stock or other securities or property of the Company or of the entity corporation resulting from such consolidation or surviving such merger or to which such properties and assets shall have been sold or of such other person to which such holder would have been entitled if he had held the Warrant Shares Preferred Stock issuable upon the exercise hereof immediately prior to such reorganization, reclassification, consolidation, merger or sale.

Appears in 1 contract

Samples: Stockholders Agreement (Viewlocity Inc)

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