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 VII.E 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 each holder of Series 5-A Preferred Stock shall thereafter be entitled to receive upon conversion of the shares of Series 5-A Preferred Stock then held by such holder 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 VII.E with respect to the rights of each holder of Series 5-A Preferred Stock, after the capital reorganization to the end that the provisions of this Section VII.E (including the number of shares deliverable upon conversion of the Series 5-A Preferred Stock) shall continue to be applicable after that event and shall be as nearly equivalent to the provisions hereof as may be practicable.
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Samples: Preferred Stock and Warrant Purchase Agreement (First Physicians Capital Group, Inc.), Preferred Stock and Warrant Purchase Agreement (Tri-Isthmus Group, Inc.)
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 VII.E 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 each holder of Series 56-A Preferred Stock shall thereafter be entitled to receive upon conversion of the shares of Series 56-A Preferred Stock then held by such holder 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 VII.E with respect to the rights of each holder of Series 56-A Preferred Stock, after the capital reorganization to the end that the provisions of this Section VII.E (including the number of shares deliverable upon conversion of the Series 56-A Preferred Stock) shall continue to be applicable after that event and shall be as nearly equivalent to the provisions hereof as may be practicable.
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Samples: Preferred Stock and Warrant Purchase Agreement (First Physicians Capital Group, Inc.)
Reorganizations, Mergers, Consolidations or Sales of Assets. If at Subject to the provisions hereof applicable to any time or from time to time Change of Control, if there is a capital reorganization of the Common Stock common shares (other than a subdivision or combination of shares or a stock dividend or a recapitalization, subdivision, combination, reclassification or other exchange of shares, shares provided for elsewhere in this Section VII.E 1(e)) or a merger or consolidation of the Company Corporation with or into another corporation, or the sale of all or substantially all of the CompanyCorporation’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 each holder the holders of the Series 5-A Preferred Stock Shares shall thereafter be entitled to receive receive, upon the conversion of the for common shares of such Series 5-A Preferred Stock then held by such holder Shares, 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 common shares of Common Stock deliverable issuable upon such exercise conversion would have been entitled on such capital reorganization, merger, consolidation or sale. In any such case, an appropriate adjustment shall be made in the application of the provisions of this Section VII.E 1(e) with respect to the rights of each holder the holders of such Series 5-A Preferred Stock, Shares after the capital reorganization reorganization, merger, consolidation or sale to the end that the provisions of this Section VII.E 1(e) (including adjustment of the Conversion Price then in effect and the number of shares deliverable issuable upon conversion of the such Series 5-A Preferred StockPreferred. Shares) shall continue to be applicable after that event and shall be as nearly equivalent to the provisions hereof as may be practicable.
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