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 there is a capital reorganization of the Common Stock (other than a subdivision or combination of shares or a stock dividend or a recapitalization, reclassification or other exchange of shares, provided for elsewhere in this Section 3 or a merger or consolidation of the Company with or into another corporation, or the sale of all or substantially all of the Company’s assets to any other person), then, as a part of such capital reorganization, provision shall be made so that the Holder shall thereafter be entitled to receive upon exercise of this Warrant the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such capital reorganization, to which a holder of the number of shares of Common Stock deliverable upon such exercise would have been entitled on such capital reorganization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 with respect to the rights of the Holder after the capital reorganization to the end that the provisions of this Section 3 (including the number of shares deliverable upon exercise of this Warrant) shall continue to be applicable after that event and shall be as nearly equivalent to the provisions hereof as may be practicable.

Appears in 7 contracts

Samples: Preferred Stock and Warrant Purchase Agreement (First Physicians Capital Group, Inc.), Tri-Isthmus Group, Inc., Tri-Isthmus Group, Inc.

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Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the Original Issue Date while this Warrant remains outstanding, there is a capital reorganization of the Common Stock Company, an Acquisition, an Asset Transfer (other than a subdivision recapitalization, or combination subdivision, combination, reclassification, exchange, or substitution of shares or a stock dividend or a recapitalization, reclassification or other exchange of shares, provided for elsewhere in this Section 3 or a merger or consolidation of the Company with or into another corporation, or the sale of all or substantially all of the Company’s assets to any other person3.1(a), then), as a part of such capital reorganization, Acquisition, or Asset Transfer, provision shall be made so that the Registered Holder shall thereafter be entitled to receive upon exercise of this Warrant hereof the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such capital reorganization, to which a holder of the number of shares of Common Stock deliverable upon exercise immediately prior to such exercise event would have been entitled on as a result of such capital reorganization, subject to adjustment in respect of such stock or securities by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 3.1(a) with respect to the rights of the Registered Holder after the capital reorganization reorganization, Acquisition, or Asset Transfer to the end that the provisions of this Section 3 3.1(a) (including adjustment of the Exercise Price then in effect and the number of shares deliverable issuable upon exercise of this Warrantexercise) shall continue to be applicable after that event and shall be as nearly equivalent to the provisions hereof as may be practicable.

Appears in 5 contracts

Samples: Bioject Medical Technologies Inc, Bioject Medical Technologies Inc, Bioject Medical Technologies Inc

Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the Original Issue Date while this Warrant remains outstanding, there is a capital reorganization of the Common Stock (other than a subdivision an Acquisition, Asset Transfer, recapitalization, or combination subdivision, combination, reclassification, exchange, or substitution of shares or a stock dividend or a recapitalization, reclassification or other exchange of shares, provided for elsewhere in this Section 3 or a merger or consolidation of the Company with or into another corporation, or the sale of all or substantially all of the Company’s assets to any other person3.1(a), then), as a part of such capital reorganization, provision shall be made so that the Registered Holder shall thereafter be entitled to receive upon exercise of this Warrant hereof the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such capital reorganization, Company to which a holder of the number of shares of Common Stock deliverable upon exercise immediately prior to such exercise event would have been entitled on as a result of such capital reorganization, subject to adjustment in respect of such stock or securities by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 3.1(a) with respect to the rights of the Registered Holder after the capital reorganization to the end that the provisions of this Section 3 3.1(a) (including adjustment of the Exercise Price then in effect and the number of shares deliverable issuable upon exercise of this Warrantexercise) shall continue to be applicable after that event and shall be as nearly equivalent to the provisions hereof as may be practicable.

Appears in 5 contracts

Samples: Peoples Liberation Inc, Peoples Liberation Inc, Houston American Energy Corp

Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the Original Issue Date while this Warrant remains outstanding, there is a capital reorganization of the Common Stock (other than a subdivision an acquisition, asset transfer, recapitalization, or combination subdivision, combination, reclassification, exchange, or substitution of shares or a stock dividend or a recapitalization, reclassification or other exchange of shares, provided for elsewhere in this Section 3 or a merger or consolidation of the Company with or into another corporation, or the sale of all or substantially all of the Company’s assets to any other person3.1(a), then), as a part of such capital reorganization, provision shall be made so that the Registered Holder shall thereafter be entitled to receive upon exercise of this Warrant hereof the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such capital reorganization, Company to which a holder of the number of shares of Common Stock deliverable upon exercise immediately prior to such exercise event would have been entitled on as a result of such capital reorganization, subject to adjustment in respect of such stock or securities by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 3.1(a) with respect to the rights of the Registered Holder after the capital reorganization to the end that the provisions of this Section 3 3.1(a) (including adjustment of the Exercise Price then in effect and the number of shares deliverable issuable upon exercise of this Warrantexercise) shall continue to be applicable after that event and shall be as nearly equivalent to the provisions hereof as may be practicable.

Appears in 1 contract

Samples: Gulf United Energy, Inc.

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Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time there is a capital reorganization of the Common Stock (other than a subdivision or combination of shares or a stock dividend or a recapitalization, reclassification or other exchange of shares, provided for elsewhere in this Section 3 or a merger or consolidation of the Company with or into another corporation, or the sale of all or 3NEXT PAGE substantially all of the Company’s 's assets to any other person), then, as a part of such capital reorganization, provision shall be made so that the Holder shall thereafter be entitled to receive upon exercise of this Warrant the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such capital reorganization, to which a holder of the number of shares of Common Stock deliverable upon such exercise would have been entitled on such capital reorganization. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 with respect to the rights of the Holder after the capital reorganization to the end that the provisions of this Section 3 (including the number of shares deliverable upon exercise of this Warrant) shall continue to be applicable after that event and shall be as nearly equivalent to the provisions hereof as may be practicable.

Appears in 1 contract

Samples: Vsource Inc

Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the Original Issue Date, there is a capital reorganization of the Common Stock (other than a subdivision an Acquisition, Asset Transfer, recapitalization, or combination subdivision, combination, reclassification, exchange, or substitution of shares or a stock dividend or a recapitalization, reclassification or other exchange of shares, provided for elsewhere in this Section 3 or a merger or consolidation of the Company with or into another corporation, or the sale of all or substantially all of the Company’s assets to any other person3.1(a), then), as a part of such capital reorganization, provision shall be made so that the Holder holder of this Warrant shall thereafter be entitled to receive upon exercise of this Warrant hereof the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such capital reorganization, Company to which a holder of the number of shares of Common Stock deliverable upon exercise immediately prior to such exercise event would have been entitled on as a result of such capital reorganization, subject to adjustment in respect of such stock or securities by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 3.1(a) with respect to the rights of the Holder holder hereof after the capital reorganization to the end that the provisions of this Section 3 3.1(a) (including adjustment of the Exercise Price then in effect and the number of shares deliverable issuable upon exercise of this Warrantexercise) shall continue to be applicable after that event and shall be as nearly equivalent to the provisions hereof as may be practicable.

Appears in 1 contract

Samples: Factory 2 U Stores Inc

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