Common use of Adjustment For Reorganization, Merger or Consolidation Clause in Contracts

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement providing that the Warrant Holder shall have the right thereafter (until the Expiration Date) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant Holder, the obligation to deliver to the Warrant Holder, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant such warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 8 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Subsection shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant such warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement shall provide for adjustments which shall be identical to the adjustments provided in this Section 8.1 7 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section 7.2 shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant such warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 8 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Subsection shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Option Holder a supplemental Warrant Option Agreement providing that the Warrant Option Holder shall have the right thereafter (until the Expiration Date) to receive, upon exercise of such warrantOption, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant Option might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Option Agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 and such registration rights and other rights as provided in this Agreement. The Company shall not effect affect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant Option Holder, the obligation to deliver to the Warrant Option Holder, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Option Holder may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement agreement providing that the Holder of each Representative's Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Representative's Warrant) to receive, upon exercise of such warrantRepresentative's Warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the such Representative's Warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraphSection 8.2, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Subsection shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Representative Warrant Agreement agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Representative Warrant) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock Warrant Securities of the Company for which the Warrant such warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Representative Warrant Agreement agreement shall provide for adjustments which shall be identical to the adjustments provided in this Section 8.1 7 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Subsection shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Date) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant such warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 8 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Subsection shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. 11 12 In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrantWarrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the such Warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Subsection shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant such warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 this SECTION 7 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section SECTION 7.2 shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation entity (other than a reorganization, consolidation or merger that which does not result in any reclassification or change in the terms of the outstanding Common StockShares), the corporation entity formed by such reorganization, consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant agreement to this Agreement providing that the Warrant Holder shall have the right thereafter (until the Expiration Dateexpiration of such the Warrants) to receive, upon exercise of such warrantWarrants, the kind and amount of shares of stock and other securities and property receivable upon such reorganization, consolidation or merger, by a holder of the number of shares of Common Stock of the Company Shares for which the Warrant such Warrants might have been exercised immediately prior to such reorganization, consolidation, consolidation or merger, conveyance, sale or transfer. Such supplemental Warrant Agreement agreement shall provide for adjustments which shall be identical to the adjustments provided in this Section 8.1 4.5 and such registration rights and other rights of the Common Shares as provided in this Agreementthe Company’s Articles, as amended from time to time. The Company shall not effect any such consolidationreorganization, mergerconsolidation or merger unless, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation entity (if other than the Company) resulting from such reorganization, consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant Holder, the obligation to deliver to the Warrant Holder, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant the Holder may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision provisions of this Section 4.5 shall similarly apply to successive reorganizations, consolidations or successively whenever any event listed above shall occurmergers.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant such warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement warrant agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 8 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Subsection shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant such warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement shall provide for adjustments which shall be identical to the adjustments provided in this Section 8.1 7 and such registration rights and other 8935\5\912646.1 rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section 7.2 shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrantWarrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the such Warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Subsection shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation entity (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation entity formed by such consolidation or merger shall execute and deliver to the Warrant Holder Agent a supplemental Warrant Agreement providing that the registered holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant such warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 and such registration rights and other rights as provided in this Agreement11. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation entity (if other than the Company) resulting from such consolidation or merger or the corporation entity purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderAgent, the obligation to deliver to the Warrant Holderregistered holders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Subsection shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrantWarrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the such Warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraphSection 8.2, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Subsection shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant such warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 8 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Subsection shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrantWarrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the such Warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraphSection 8.2, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant Holder, the obligation to deliver to the Warrant Holder, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.or

Adjustment For Reorganization, Merger or Consolidation. In case of any reorganization of the Company or consolidation of the Company with, or merger of the Company with, or merger of the Company into, another corporation (other than a consolidation or merger that which does not result in any reclassification or change of the outstanding Common Stock), the corporation formed by such consolidation or merger shall execute and deliver to the Warrant Holder a supplemental Warrant Agreement agreement providing that the Holder of each Warrant Holder then outstanding or to be outstanding shall have the right thereafter (until the Expiration Dateexpiration of such Warrant) to receive, upon exercise of such warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or merger, by a holder of the number of shares of Common Stock of the Company for which the Warrant such warrant might have been exercised immediately prior to such reorganization, consolidation, merger, conveyance, sale or transfer. Such supplemental Warrant Agreement agreement shall provide for adjustments which shall be identical to the adjustments provided in Section 8.1 8 and such registration rights and other rights as provided in this Agreement. The Company shall not effect any such consolidation, merger, or similar transaction as contemplated by this paragraph, unless prior to or simultaneously with the consummation thereof, the successor corporation (if other than the Company) resulting from such consolidation or merger or the corporation purchasing, receiving, or leasing such assets or other appropriate corporation or entity shall assume, by written instrument executed and delivered to the Warrant HolderHolders, the obligation to deliver to the Warrant HolderHolders, such shares of stock, securities, or assets as, in accordance with the foregoing provisions, such Warrant Holder holders may be entitled to purchase, and to perform the other obligations of the Company under this Agreement. The above provision of this Section Agreen shall similarly apply to successive consolidations or successively whenever any event listed above shall occur.