Common use of Adjustment Upon Capital Reorganization or Reclassification Clause in Contracts

Adjustment Upon Capital Reorganization or Reclassification. If the Common Stock shall be changed into the same or different number of shares of any other class or classes of capital stock, whether by capital reorganization, recapitalization, reclassification or otherwise (other than an Extraordinary Common Stock Event), then and in each such event the holder of each share of Series A Preferred Stock shall have the right thereafter to convert such share into, in lieu of the number of shares of Common Stock which the holder would otherwise have been entitled to receive, the kind and amount of shares of capital stock and other securities and property receivable upon such reorganization, recapitalization, reclassification or other change by the holders of the number of shares of Common Stock into which such shares of Series A Preferred Stock could have been converted immediately prior to such reorganization, recapitalization, reclassification or change, all subject to further adjustment as provided herein. The provision for such conversion right shall be a condition precedent to the consummation by the Corporation of any such transaction unless the election described below is made. In the case of a transaction to which both this Section 5.7 and Section 3.2 apply, the holders of the outstanding shares of Series A Preferred Stock and First Priority Parity Stock (voting together as a single class) shall have the option by majority vote to elect treatment for the Series A Preferred Stock and First Priority Parity Stock under this Section 5.7, notice of which election shall be submitted in writing to the Corporation at its principal office no later than ten (10) business days before the effective date of such event. If no such election shall be made, the provisions of Section 3.2, and not this Section 5.7, shall apply.

Adjustment Upon Capital Reorganization or Reclassification. If the Common Stock shall be changed into the same or different number of shares of any other class or classes of capital stock, whether by capital reorganization, recapitalization, reclassification or otherwise (other than an Extraordinary Common Stock Event), then and in each such event the holder of each share of Series A C Preferred Stock shall have the right thereafter to convert such share into, in lieu of the number of shares of Common Stock which the holder would otherwise have been entitled to receive, the kind and amount of shares of capital stock and other securities and property receivable upon such reorganization, recapitalization, reclassification or other change by the holders of the number of shares of Common Stock into which such shares of Series A C Preferred Stock could have been converted immediately prior to such reorganization, recapitalization, reclassification or change, all subject to further adjustment as provided herein. The provision for such conversion right shall be a condition precedent to the consummation by the Corporation of any such transaction unless the election described below is made. In the case of a transaction to which both this Section 5.7 C5.6 and Section 3.2 C3.2 apply, the holders of the outstanding shares of Series A C Preferred Stock and First Priority Parity Stock (voting together as 42 43 a single class) shall have the option by majority vote to elect treatment for the Series A C Preferred Stock and First Priority Parity Stock under this Section 5.7C5.6, notice of which election shall be submitted in writing to the Corporation at its principal office no later than ten five (105) business days before the effective date of such event. If no such election shall be made, the provisions of Section 3.2C3.2, and not this Section 5.7C5.6, shall apply.

Adjustment Upon Capital Reorganization or Reclassification. If the Common Stock shall be changed into the same or different number of shares of any other class or classes of capital stock, whether by capital reorganization, recapitalization, reclassification or otherwise (other than an Extraordinary Common Stock Event), then and in each such event the holder of each share of Series A B Junior Preferred Stock shall have the right thereafter to convert such share into, in lieu of the number of shares of Common Stock which the holder would otherwise have been entitled to receive, the kind and amount of shares of capital stock and other securities and property receivable upon such reorganization, recapitalization, reclassification or other change by the holders of the number of shares of Common Stock into which such shares of Series A B Junior Preferred Stock could have been converted immediately prior to such reorganization, recapitalization, reclassification or change, all subject to further adjustment as provided herein. The provision for such conversion right shall be a condition precedent to the consummation by the Corporation of any such transaction unless the election described below is made. In the case of a transaction to which both this Section 5.7 B5.6 and Section 3.2 B3.2 apply, the holders of the outstanding shares of Series A B Junior Preferred Stock and First Priority Parity Stock (voting together as a single class) shall have the option by majority vote to elect treatment for the Series A B Junior Preferred Stock and First Priority Parity Stock under this Section 5.7B5.6, notice of which election shall be submitted in writing to the Corporation at its principal office no later than ten five (105) business days before the effective date of such event. If no such election shall be made, the provisions of Section 3.2B3.2, and not this Section 5.7B5.6, shall apply.