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 applicable Original Issue Date, there is a capital reorganization of the Common Stock (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, provision shall be made so that the holders of the Series A Preferred, Series B Preferred and Series C Preferred, as applicable, shall thereafter be entitled to receive upon conversion of the Series A Preferred, Series B Preferred and Series C Preferred, as applicable, the number of shares of stock or other securities or property of the Company to which a holder of the number of shares of Common Stock deliverable upon conversion would have been entitled on 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 4 with respect to the rights of the holders of Series A Preferred, Series B Preferred and Series C Preferred, as applicable, after the capital reorganization to the end that the provisions of this Section 4 (including adjustment of the Series A Preferred Conversion Price, Series B Preferred Conversion Price and Series C Preferred Conversion Price then in effect and the number of shares issuable upon conversion of the Series A Preferred, Series B Preferred and Series C Preferred) shall be applicable after that event and be as nearly equivalent as practicable.

Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the applicable Original Issue Date, there is a capital reorganization of the Common Stock (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, provision shall be made so that the holders of the Series A Preferred, Series B Preferred and or Series C B-1 Preferred, as applicable, shall thereafter be entitled to receive upon conversion of the Series A Preferred, Series B Preferred and or Series C Preferred, as applicable, B-1 Preferred the number of shares of stock or other securities or property of the Company Corporation to which a holder of the number of shares of Common Stock deliverable upon conversion would have been entitled on 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 4 with respect to the rights of the holders of Series A Preferred, Series B Preferred and or Series C Preferred, as applicable, B-1 Preferred after the capital reorganization to the end that the provisions of this Section 4 (including adjustment of the Series A Preferred Conversion Price, Series B Preferred Conversion Price and or Series C Preferred B-1 Conversion Price then in effect and the number of shares issuable upon conversion of the Series A Preferred, Series B Preferred and or Series C B-1 Preferred) shall be applicable after that event and be as nearly equivalent as practicable.

Reorganizations, Mergers, Consolidations or Sales of Assets. If If, at any time or from time to time after the applicable Original Issue Datedate of this Agreement, there is a capital reorganization of the Common Stock Shares (other than (i) an Acquisition acquisition of a majority of the shares of beneficial interest in the Company by another entity by means of any transaction or series of related transactions, including, without limitation, any reorganization, merger or consolidation, statutory share exchange, self tender offer for all or substantially all Common Shares, sale of all or substantially all of the Company’s assets or recapitalization of the Common Shares but excluding any merger effected exclusively for the purpose of changing the domicile of the Company, in which outstanding Common Shares are exchanged for securities or other consideration issued, or caused to be issued by the acquiring entity or its subsidiary (an “Acquisition”), or (ii) a sale, lease, exchange or other transfer (in one transaction or a series of transactions) of all or substantially all of the assets of the Company (an “Asset Transfer as defined in Section 3(cTransfer”), or (iii) or a recapitalization, subdivision, combination, reclassification, exchange or substitution of shares provided for elsewhere in this Section 41), then as a part of such capital reorganization, provision shall be made so that the holders of the Series A Preferred, Series B Preferred and Series C Preferred, as applicable, Purchase Option shall thereafter be entitled to receive upon conversion the exercise of the Series A Preferred, Series B Preferred and Series C Preferred, as applicable, Purchase Option the number of shares of stock or other securities or property of the Company to which a holder of the number of shares Common Shares issuable upon exercise of Common Stock deliverable upon conversion the Purchase Option would have been entitled on such capital reorganization, subject to adjustment in respect of such stock shares or securities by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 1 with respect to the rights of the holders of Series A Preferred, Series B Preferred and Series C Preferred, as applicable, the Purchase Option after the capital reorganization to the end such that the provisions of this Section 4 1 (including adjustment of the Series A Preferred Conversion Price, Series B Preferred Conversion Price and Series C Preferred Conversion Option Price then in effect and the number of shares issuable upon conversion exercise of the Series A Preferred, Series B Preferred and Series C PreferredPurchase Option) shall be applicable after that event and be as nearly equivalent as practicable.

Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the applicable Series A1 Preferred Original Issue Date, there is a capital reorganization of the Common Stock or a merger or consolidation of the Company with or into, or a sale of all or substantially all of the Company's assets to, another person, corporation 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 sale of assets, provision shall be made so that the holders of the Series A Preferred, Series B A1 Preferred and Series C Preferred, as applicable, shall thereafter be entitled to receive upon conversion of the Series A Preferred, Series B A1 Preferred and Series C Preferred, as applicable, the number of shares of stock or other securities or property of the Company to which a holder of the number of shares of Common Stock deliverable upon conversion would have been entitled on 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 4 with respect to the rights of the holders of Series A Preferred, Series B A1 Preferred and Series C Preferred, as applicable, after the capital reorganization to the end that the provisions of this Section 4 (including adjustment of the Series A Preferred Conversion Price, Series B Preferred Conversion Price and Series C A1 Preferred Conversion Price then in effect and the number of shares issuable upon conversion of the Series A Preferred, Series B Preferred and Series C A1 Preferred) shall be applicable after that event and be as nearly equivalent as practicable.