Common use of Reorganizations, Mergers or Consolidations Clause in Contracts

Reorganizations, Mergers or Consolidations. In case of any consolidation or merger of the Company with or into another Person or the sale of all or substantially all of the assets of the Company to another Person in which the Class A Common Units (but not the Preferred Units) are converted into or exchanged for securities, cash or other property (other than a consolidation, merger or sale treated as a Deemed Liquidation Event pursuant to Section 5.3 above), each Preferred Unit shall thereafter be convertible in lieu of the Class A Common Units into which it was convertible prior to such event into the kind and amount of Units or other securities or property that a holder of the number of Class A Common Units of the Company deliverable upon conversion of Preferred Units would have been entitled upon such consolidation, merger or sale; and in such case, appropriate adjustment (as determined in good faith by the Board, including at least a Preferred Director Majority) shall be made in the application of the provisions of Section 9.1 and Section 9.2 with respect to the rights and interest thereafter of the holders of Preferred Units, to the end that the provisions set forth in Section 9.1 and Section 9.2 shall thereafter be applicable, as nearly as reasonably may be, in relation to any Units or other property thereafter deliverable upon the conversion of Preferred Units.

Reorganizations, Mergers or Consolidations. In case If at any time or from time to time after the Class E-1 Original Issue Date, there is a capital reorganization of any the Common Units or the merger or consolidation or merger of the Company with or into another Person corporation or another entity or person involving the sale of all or substantially all of the assets of the Company to another Person in which the Class A Common Units (but not the Preferred Units) are converted into or exchanged for securities, cash or other property (other than a consolidationrecapitalization, merger subdivision, combination, reclassification, exchange or sale treated substitution of Units provided for elsewhere in this Section 3.9), as a Deemed Liquidation Event pursuant to Section 5.3 above)part of such capital reorganization, each provision shall be made so that the Preferred Unit Holders shall thereafter be convertible in lieu entitled to receive, upon the conversion of the Class A Common Units into which it was convertible prior to such event into the kind and amount Preferred Units, that number of Units or other securities or property that of the Company to which a holder of the that number of Class A Common Units of the Company deliverable upon conversion of such Preferred Units Units, would have been entitled upon as a result of such consolidationcapital reorganization, merger or sale; and in consolidation. In any such case, appropriate adjustment (as determined in good faith by the Board, including at least a Preferred Director Majority) shall be made in the application of the provisions of this Section 9.1 and Section 9.2 3.9 with respect to the rights and interest thereafter of the holders of Preferred Units, to Unit Holders after the end capital reorganization such that the provisions set forth of this Section 3.9 (including adjustment of the applicable Conversion Price(s) then in Section 9.1 effect and Section 9.2 the number of Units issuable upon conversion of the Preferred Units) shall thereafter be applicable, applicable after that event and be as nearly equivalent as reasonably may be, in relation to any Units or other property thereafter deliverable upon the conversion of Preferred Unitspracticable.

Reorganizations, Mergers or Consolidations. In case If at any time or from time to time after the Class D Original Issue Date, there is a capital reorganization of any the Common Units or the merger or consolidation or merger of the Company with or into another Person corporation or another entity or person involving the sale of all or substantially all of the assets of the Company to another Person in which the Class A Common Units (but not the Preferred Units) are converted into or exchanged for securities, cash or other property (other than a consolidationrecapitalization, merger subdivision, combination, reclassification, exchange or sale treated substitution of Units provided for elsewhere in this Section 3.8), as a Deemed Liquidation Event pursuant to Section 5.3 above)part of such capital reorganization, each provision shall be made so that the Preferred Unit Holders shall thereafter be convertible in lieu entitled to receive, upon the conversion of the Class A Common Units into which it was convertible prior to such event into the kind and amount Preferred Units, that number of Units or other securities or property that of the Company to which a holder of the that number of Class A Common Units of the Company deliverable upon conversion of such Preferred Units Units, would have been entitled upon as a result of such consolidationcapital reorganization, merger or sale; and in consolidation. In any such case, appropriate adjustment (as determined in good faith by the Board, including at least a Preferred Director Majority) shall be made in the application of the provisions of this Section 9.1 and Section 9.2 3.8 with respect to the rights and interest thereafter of the holders of Preferred Units, to Unit Holders after the end capital reorganization such that the provisions set forth of this Section 3.8 (including adjustment of the applicable Conversion Price(s) then in Section 9.1 effect and Section 9.2 the number of Units issuable upon conversion of the Preferred Units) shall thereafter be applicable, applicable after that event and be as nearly equivalent as reasonably may be, in relation to any Units or other property thereafter deliverable upon the conversion of Preferred Unitspracticable.