Common use of Reorganizations, Mergers, Consolidations or Sales of Assets Clause in Contracts

Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the Filing Date there is a capital reorganization of the Common Stock (other than a recapitalization, division, combination, reclassification or exchange of shares provided for elsewhere in this Article IV.F or a merger or consolidation of this Corporation into or with another corporation or a sale of all or substantially all of this Corporation's properties and assets to any other person, then, as a part of such capital reorganization, merger, consolidation or sale, provision shall be made so that the holders of outstanding shares of Series A Stock shall thereafter receive upon conversion thereof the number of shares of Stock or other securities or property of this Corporation, or of the successor corporation resulting from such merger or consolidation or sale, to which a holder of the number of shares of Common Stock into which their shares of Series A Stock were convertible would have been entitled on such capital reorganization, merger, consolidation or sale. In any such case, appropriate adjustment shall be made in the application of the provisions of this Article IV.F with respect to the rights of the holders of the outstanding shares of Series A Stock after such capital reorganization, merger, consolidation, or sale. The provisions of this Article IV.F (including adjustment of the Series A Conversion Price and the number of shares into which the outstanding shares of Series A Stock may be converted) shall be applicable after that event and be as nearly equivalent to such Conversion Prices and number of shares as may be practicable.

Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the Filing Date Series A2 Preferred Original Issue Date, there is a capital reorganization of the Common Stock (other than a recapitalization, division, combination, reclassification or exchange of shares provided for elsewhere in this Article IV.F or a merger or consolidation of this Corporation into or with another corporation the Company with, or a sale of all or substantially all of this Corporationthe Company's properties and assets to any other to, another person, thencorporation or other entity (other than an Acquisition or Asset Transfer as defined in Section 3(c) or a recapitalization, subdivision, combination, reclassification, exchange or substitution of shares provided for elsewhere in this Section 4), as a part of such capital reorganization, merger, consolidation or salesale of assets, provision shall be made so that the holders of outstanding shares of the Series A Stock A2 Preferred shall thereafter be entitled to receive upon conversion thereof of the Series A2 Preferred the number of shares of Stock stock or other securities or property of this Corporation, or of the successor corporation resulting from such merger or consolidation or sale, Company to which a holder of the number of shares of Common Stock into which their shares of Series A Stock were convertible deliverable upon conversion would have been entitled on such capital reorganization, merger, consolidation subject to adjustment in respect of such stock or salesecurities by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Article IV.F Section 4 with respect to the rights of the holders of Series A2 Preferred after the outstanding shares of Series A Stock after such capital reorganization, merger, consolidation, or sale. The reorganization to the end that the provisions of this Article IV.F Section 4 (including adjustment of the Series A A2 Preferred Conversion Price then in effect and the number of shares into which issuable upon conversion of the outstanding shares of Series A Stock may be convertedA2 Preferred) shall be applicable after that event and be as nearly equivalent to such Conversion Prices and number of shares as may be practicable.

Reorganizations, Mergers, Consolidations or Sales of Assets. If If, at any time or from time to time after the Filing Date Date, there is a capital reorganization of the Common Stock (other than a recapitalization, division, combination, reclassification reclass ification or exchange of shares provided for elsewhere in this Article IV.F Section F) or a merger or consolidation of this Corporation into or with another corporation or a sale of all or substantially all of this Corporation's properties and assets to any other person, then, as a part of such capital reorganization, merger, consolidation or sale, provision shall be made so that the holders of the outstanding shares of Series A Stock and the holders of the outstanding shares of Series B Stock shall thereafter receive upon conversion thereof the number of shares of Stock stock or other securities or property of this Corporation, or of the successor corporation resulting from such merger or consolidation or sale, to which a holder of the number of shares of Common Stock into which their shares of Series A Stock and Series B Stock were convertible would have been entitled on such capital reorganization, merger, consolidation or sale. In any such case, appropriate adjustment shall be made in the application of the provisions of this Article IV.F Section F with respect to the rights of the holders of the outstanding shares of Series A Stock and Series B Stock after such the capital reorganization, merger, consolidation, or sale. The sale to the end that the provisions of this Article IV.F Section F (including adjustment of the Series A Conversion Price and Series B Conversion Price and the number of shares into which the outstanding shares of Series A Stock and Series B Stock may be converted) shall be applicable after that event and be as nearly equivalent to such Conversion Prices and number of shares as may be practicable.

Reorganizations, Mergers, Consolidations or Sales of Assets. If If, at any time or from time to time after the Filing Date Date, there is a capital reorganization of the Common Stock (other than a recapitalization, division, combination, reclassification or exchange of shares provided for elsewhere in this Article IV.F Section F) or a merger or consolidation of this Corporation into or with another corporation or a sale of all or substantially all of this Corporation's properties and assets to any other person, then, as a part of such capital reorganization, merger, consolidation or sale, provision shall be made so that the holders of the outstanding shares of Series A Stock, the holders of the outstanding shares of Series B Stock and the holders of the outstanding shares of Series C Stock shall thereafter receive upon conversion thereof the number of shares of Stock stock or other securities or property of this Corporation, or of the successor corporation resulting from such merger or consolidation or sale, to which a holder of the number of shares of Common Stock into which their shares of Series A Stock, Series B Stock and Series C Stock were convertible would have been entitled on such capital reorganization, merger, consolidation or sale. In any such case, appropriate adjustment shall be made in the application of the provisions of this Article IV.F Section F with respect to the rights of the holders of the outstanding shares of Series A Stock, Series B Stock and Series C Stock after such the capital reorganization, merger, consolidation, or sale. The sale to the end that the provisions of this Article IV.F Section F (including adjustment of the Series A Conversion Price, Series B Conversion Price, and Series C Conversion Price and the number of shares into which the outstanding shares of Series A Stock, Series B Stock and Series C Stock may be converted) shall be applicable after that event and be as nearly equivalent to such Conversion Prices and number of shares as may be practicable.