Common use of Adjustments for Reclassification, Reorganization and Consolidation Clause in Contracts

Adjustments for Reclassification, Reorganization and Consolidation. In case of (1) any reclassification, reorganization, change or conversion of securities of the Common Stock (other than a change in par value) into other shares or securities of the Company, (2) any merger or consolidation of the Company with or into another entity (other than a merger or consolidation with another entity in which the Company is the acquiring and the surviving entity and that does not result in any reclassification or change of the Common Stock), or (3) any sale of all or substantially all the assets of the Company, Lender shall have the right to receive, in lieu of the shares of Common Stock into which the Loan Indebtedness is convertible, the kind and amount of shares of stock and other securities, money and property receivable upon such reclassification, reorganization, change, merger or consolidation or sale upon conversion by Lender of the maximum number of shares of Common Stock into which the Loan Indebtedness could have been converted immediately prior to such reclassification, reorganization, change, merger or consolidation or sale, all subject to further adjustment as provided herein or with respect to such other securities or property by the terms thereof. The provisions of this Section shall similarly attach to successive reclassifications, reorganizations, changes, mergers or consolidations.

Adjustments for Reclassification, Reorganization and Consolidation. In case of (1) any reclassification, reorganization, change or conversion of securities of the Common Stock (other than a change in par value) into other shares or securities of the Company, (2) any merger or consolidation of the Company with or into another entity (other than a merger or consolidation with another entity in which the Company is the acquiring and the surviving entity and that does not result in any reclassification or change of the Common Stock), or (3) any sale of all or substantially all the assets of the Company, Lender Moriah shall have the right to receive, in lieu of the shares of Common Stock into which the Loan Note Indebtedness is convertible, the kind and amount of shares of stock and other securities, money and property receivable upon such reclassification, reorganization, change, merger or consolidation or sale upon conversion by Lender Moriah of the maximum number of shares of Common Stock into which the Loan Note Indebtedness could have been converted immediately prior to such reclassification, reorganization, change, merger or consolidation or sale, all subject to further adjustment as provided herein or with respect to such other securities or property by the terms thereof. The provisions of this Section shall similarly attach to successive reclassifications, reorganizations, changes, mergers or consolidations.

Adjustments for Reclassification, Reorganization and Consolidation. In case of (1A) any reclassification, reorganization, change or conversion of securities of the Common Stock (other than a change in par value, or from par value to no par value) into other shares or securities of the Company, or (2B) any merger or consolidation of the Company with or into another entity (other than a merger or consolidation with another entity in which the Company is the acquiring and the surviving entity and that does not result in any reclassification or change of the Common Stock), or (3C) any sale of all or substantially all the assets of the Company, Lender the Holder shall have the right to receive, in lieu of the shares of Common Stock into which the Loan Indebtedness this Note is convertible, the kind and amount of shares of stock and other securities, money and property receivable upon such reclassification, reorganization, change, merger or consolidation or sale upon conversion by Lender the Holder of the maximum number of shares of Common Stock into which the Loan Indebtedness this Note could have been converted immediately prior to such reclassification, reorganization, change, merger or consolidation or saleconsolidation, all subject to further adjustment as provided herein or with respect to such other securities or property by the terms thereof. The provisions of this Section clause (iii) shall similarly attach to successive reclassifications, reorganizations, changes, mergers or consolidations.