Common use of Adjustment to Conversion Ratio Clause in Contracts

Adjustment to Conversion Ratio. i. If, prior to the conversion of all Series A Convertible CRA Shares, the number of issued and outstanding Common Shares is increased by a share split or other similar event, the conversion ratio shall be proportionately increased, or if the number of issued and outstanding Common Shares is decreased by a combination or reclassification of Common Shares or other similar event, the conversion ratio shall be proportionately decreased. ii. If, prior to the conversion of all Series A Convertible CRA Shares, the Trust shall be a party to any transaction (including, without limitation, a merger, consolidation, tender offer of all or substantially all of the shares or sale of all or substantially all of the Trust's assets), as a result of which Common Shares shall be converted into the right to receive securities or other property (including cash or any combination thereof), each Series A Convertible CRA Share, if convertible after the consummation of the transaction, shall thereafter be convertible into the kind and amount of shares and other securities and property (including cash or any combination thereof) receivable upon the consummation of such transaction by a holder of that number of Common Shares or fraction thereof into which one Series A Convertible CRA Share was convertible immediately prior to such transaction, assuming such Series A Convertible CRA Shareholder failed to exercise any rights of election to convert (provided that if the kind and amount of stock or beneficial interest, securities and other property so receivable is not the same for each non-electing share, the kind and amount so receivable by each non-electing share shall be deemed to be the kind and amount received per share by a plurality of non-election shares). The Trust may not become a party to any such transaction unless the terms thereof are consistent with the foregoing.