Common use of Reorganizations, Mergers, Consolidations or Reclassifications Clause in Contracts

Reorganizations, Mergers, Consolidations or Reclassifications. In the event of any capital reorganization, any reclassification of the Common Stock (other than a change in par value), or the consolidation or merger of the Company with or into another Person (collectively referred to hereinafter as "Reorganizations"), the holders of the Notes shall thereafter be entitled to receive, and provision shall be made therefor in any agreement relating to a Reorganization, upon conversion of the Notes (or deemed conversion of the Notes in the event that the Reorganization is consummated at such time as the Notes are not otherwise convertible under the terms hereof), the kind and number of shares of Common Stock or other securities or property (including cash) of the Company, or other corporation resulting from such consolidation or surviving such merger, to which a holder of the number of shares of the Common Stock of the Company which the Notes entitled the holder thereof to convert to immediately prior to such Reorganization would have been entitled to receive with respect to such Reorganization; and in any such case appropriate adjustment shall be made in the application of the provisions herein set forth with respect to the rights and interests thereafter of the holders of the Notes, to the end that the provisions set forth herein (including the specified changes and other adjustments to the Conversion Price) shall thereafter be applicable, as nearly as reasonably may be, in relation to any shares, other securities or property thereafter receivable upon conversion of the Notes. In the event of a Reorganization for which the acquiror's shares of common stock are securities registered under Sections 12 or 15(d) of the Securities Exchange Act of 1934, as amended, any agreement relating to such Reorganization shall provide for the assumption of such Notes by the acquirer, to the extent not previously converted or redeemed, which Notes shall thereafter be convertible into the shares of common stock of the acquiror so registered on the basis set forth in this Section 8.05. The provisions of this Section 8.05 shall similarly apply to successive Reorganizations.

Reorganizations, Mergers, Consolidations or Reclassifications. In the event of any capital reorganization, any reclassification of the Common Stock of the Company (other than a change in par value), or the consolidation or merger of the Company with or into another Person (collectively referred to hereinafter as each a "ReorganizationsReorganization"), the holders of the Notes Holder shall thereafter be entitled to receive, and provision shall be made therefor in any agreement relating to a Reorganization, upon conversion of the Notes this Note (or deemed conversion of the Notes this Note in the event that the Reorganization is consummated at such time as the Notes are this Note is not otherwise convertible under the terms hereof), the kind and number of shares of Common Stock or other securities or property (including cash) of the Company, or other corporation resulting from such consolidation or surviving such mergerReorganization, to which a holder of the number of shares of the Common Stock of the Company which the Notes this Note entitled the holder thereof to convert to into immediately prior to such Reorganization would have been entitled to receive with respect to such Reorganization; and in any such case appropriate adjustment shall be made in the application of the provisions herein set forth with respect to the rights and interests thereafter of the holders Holder of the Notesthis Note, to the end that the provisions set forth herein (including the specified changes and other adjustments to the Conversion Price) shall thereafter be applicable, as nearly as reasonably may be, in relation to any shares, other securities or property thereafter receivable upon conversion of the Notesthis Note. In the event of a Reorganization for in which the acquiror's equity securities of the Company into which this Note is then convertible are exchangeable for or convertible into securities of another issuer, the shares of common stock of which are securities registered under Sections or subject to Section 12 or 15(d) of the Securities Exchange Act of 1934, as amended, any agreement relating to such Reorganization shall provide for the assumption of this Note by such Notes by the acquirerissuer, to the extent not previously converted or redeemed, which Notes Note shall thereafter be convertible into the shares of common stock of the acquiror so registered such issuer on the basis set forth in this Section 8.056(b). The provisions of this Section 8.05 6(b) shall similarly apply to successive Reorganizations.

Reorganizations, Mergers, Consolidations or Reclassifications. In the event of any capital reorganization, any reclassification of the Common Stock of the Company (other than a change in par value), or the consolidation or merger of the Company with or into another Person (collectively referred to hereinafter as "Reorganizations"each a “Reorganization”), the holders of the Notes Holder shall thereafter be entitled to receive, and provision shall be made therefor in any agreement relating to a Reorganization, upon conversion of the Notes this Note (or deemed conversion of the Notes this Note in the event that the Reorganization is consummated at such time as the Notes are this Note is not otherwise convertible under the terms hereof), the kind and number of shares of Common Stock or other securities or property (including cash) of the Company, or other corporation resulting from such consolidation or surviving such mergerReorganization, to which a holder of the number of shares of the Common Stock of the Company which the Notes this Note entitled the holder thereof to convert to into immediately prior to such Reorganization would have been entitled to receive with respect to such Reorganization; and in any such case appropriate adjustment shall be made in the application of the provisions herein set forth with respect to the rights and interests thereafter of the holders Holder of the Notesthis Note, to the end that the provisions set forth herein (including the specified changes and other adjustments to the Conversion Price) shall thereafter be applicable, as nearly as reasonably may be, in relation to any shares, other securities or property thereafter receivable upon conversion of the Notesthis Note. In the event of a Reorganization for in which the acquiror's equity securities of the Company into which this Note is then convertible are exchangeable for or convertible into securities of another issuer, the shares of common stock of which are securities registered under Sections or subject to Section 12 or 15(d) of the Securities Exchange Act of 1934, as amended, any agreement relating to such Reorganization shall provide for the assumption of this Note by such Notes by the acquirerissuer, to the extent not previously converted or redeemed, which Notes Note shall thereafter be convertible into the shares of common stock of the acquiror so registered such issuer on the basis set forth in this Section 8.056(b). The provisions of this Section 8.05 6(b) shall similarly apply to successive Reorganizations.

Reorganizations, Mergers, Consolidations or Reclassifications. In the event of any capital reorganization, any reclassification of the Common Stock (other than a change in par valuevalue or as a result of a stock dividend, subdivision, split-up or combination of shares), or the consolidation or merger of the Company Corporation with or into another Person (excluding a consolidation or merger described in Section 2(f)(i)(a) of this Article IV) (collectively referred to hereinafter as "“Reorganizations"”), the holders of the Notes Preferred Stock shall thereafter be entitled to receive, and provision shall be made therefor in any agreement relating to a Reorganization, upon conversion of the Notes (or deemed conversion of the Notes in the event that the Reorganization is consummated at such time as the Notes are not otherwise convertible under the terms hereof), Preferred Stock the kind and number of shares of Common Stock or other securities or property (including cash) of the CompanyCorporation, or other corporation resulting from such consolidation or surviving such merger, merger to which a holder of the number of shares of the Common Stock of the Company Corporation which the Notes applicable series of Preferred Stock entitled the holder thereof to convert to immediately prior to such Reorganization would have been entitled to receive with respect to such Reorganization; and in any such case appropriate adjustment shall be made in the application of the provisions herein set forth with respect to the rights and interests thereafter of the holders of the Notes, Preferred Stock to the end that the provisions set forth herein (including the specified changes and other adjustments to the applicable Conversion Price) shall thereafter be applicable, as nearly as reasonably may be, in relation to any shares, other securities or property thereafter receivable upon conversion of the Notes. In the event of a Reorganization for which the acquiror's shares of common stock are securities registered under Sections 12 or 15(d) of the Securities Exchange Act of 1934, as amended, any agreement relating to such Reorganization shall provide for the assumption of such Notes by the acquirer, to the extent not previously converted or redeemed, which Notes shall thereafter be convertible into the shares of common stock of the acquiror so registered on the basis set forth in this Section 8.05Preferred Stock. The provisions of this Section 8.05 5(e) shall similarly apply to successive Reorganizations.