Common use of Reorganizations, etc Clause in Contracts

Reorganizations, etc. If after the date hereof, any capital reorganization or reclassification of the Common Stock of the Company (other than covered by Sections 5(a)(1) and 5(a)(2) above), or consolidation or merger of the Company with another corporation, or the sale of all or substantially all of its assets to another corporation or other similar event shall be effected, then, as a condition of such reorganization, reclassification, consolidation, merger, or sale, lawful, fair and adequate provision shall be made whereby the registered holder of the Warrant shall thereafter have the right to purchase and receive, upon the basis and upon the terms and conditions specified in the Warrant and in lieu of the shares of Common Stock of the Company immediately theretofore purchasable and receivable upon the exercise of the rights represented thereby, such shares of stock, securities, or assets as may be issuable or payable with respect to or in exchange for the number of shares of Common Stock of the Company equal to the number of shares of Common Stock of the Company immediately theretofore purchasable and receivable upon the exercise of the rights represented by the Warrant, had such reorganization, reclassification, consolidation, merger, or sale not taken place and in such event, adequate and appropriate provision shall be made with respect to the rights and interests of Kriegsman to the end that the provisions hereof (including, wixxxxx xxxitation, provisions for adjustments of the Warrant Price and of the number of shares of Common Stock purchasable upon the exercise of the Warrant) shall thereafter be applicable, as nearly as may be, to any share of stock, securities, or assets thereafter deliverable upon the exercise hereof.

Reorganizations, etc. If after the date hereof, any capital reorganization or reclassification of the Common Stock of the Company (other than covered by Sections 5(a)(1) and 5(a)(2) above)Company, or consolidation or merger of the Company with another corporation, or the sale of all or substantially all of its assets to another corporation or other similar event shall be effected, then, as a condition of such reorganization, reclassification, consolidation, merger, or sale, lawful, lawful and fair and adequate provision shall be made whereby the registered holder of the Warrant Holders shall thereafter have the right to purchase and receive, upon the basis and upon the terms and conditions specified in the Warrant Purchase Option and in lieu of the shares of Common Stock of the Company Units immediately theretofore purchasable and receivable upon the exercise of the rights represented thereby, such shares of stock, securities, or assets as may be issuable issued or payable with respect to or in exchange for the number of shares of Common Stock of the Company securities equal to the number of shares of Common Stock of the Company Units immediately theretofore purchasable and receivable upon the exercise of the rights represented by the WarrantPurchase Option, had such reorganization, reclassification, consolidation, merger, or sale not taken place and in such event, adequate and appropriate provision shall be made with respect to the rights and interests of Kriegsman the Holders to the end that the provisions hereof (including, wixxxxx xxxitationwithout limitation, provisions for adjustments of the Warrant Exercise Price and of the number of shares of Common Stock Units purchasable upon the exercise of the WarrantPurchase Option) shall thereafter be applicable, as nearly as may be, to any share of stock, securities, or assets thereafter deliverable upon the exercise hereof. The Company shall not effect any such consolidation, merger, or sale unless, prior to the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger, or the corporation purchasing such assets, shall assume, by written instrument executed and delivered to the Holders its obligation to deliver such shares of stock, securities, or assets which, in accordance with the foregoing provisions, such Holders may be entitled to purchase.