Common use of Adjustments for Reorganization, Merger, Consolidation or Sales of Assets Clause in Contracts

Adjustments for Reorganization, Merger, Consolidation or Sales of Assets. If at any time or from time to time after the issuance date of this Note there shall be a capital reorganization of the Company (other than by way of a stock split or combination of shares or stock dividends or distributions, or a reclassification, exchange or substitution of shares), or a merger or consolidation of the Company with or into another corporation where the holders of the Company’s outstanding voting securities prior to such merger or consolidation do not own over 50% of the outstanding voting securities of the merged or consolidated entity, immediately after such merger or consolidation, or the sale of all or substantially all of the Company’s properties or assets to any other person (an “Organic Change”), then as a part of such Organic Change an appropriate revision to the conversion price shall be made if necessary and provision shall be made if necessary (by adjustments of the conversion price or otherwise) so that, upon any subsequent conversion of this Note, the Holder shall have the right to receive, in lieu of Conversion Shares, the kind and amount of shares of stock and other securities or property of the Company or any successor corporation resulting from the Organic Change. In any such case, appropriate adjustment shall be made in the application of the provisions of Section 4(a) with respect to the rights of the Holder after the Organic Change to the end that the provisions of Section 4(a) (including any adjustment in the conversion price then in effect and the number of shares of stock or other securities deliverable upon conversion of this Note) shall be applied after that event in as nearly an equivalent manner as may be practicable.

Adjustments for Reorganization, Merger, Consolidation or Sales of Assets. If at any time or from time to time after the issuance date of this Note there shall be a capital reorganization of the Company (other than by way of a stock split or combination of shares or stock dividends or distributionsdistributions provided for herein, or a reclassification, exchange or substitution of sharesshares provided for herein), or a merger or consolidation of the Company with or into another corporation where the holders of the Company’s outstanding voting securities prior to such merger or consolidation do not own over 50% of the outstanding voting securities of the merged or consolidated entity, immediately after such merger or consolidation, or the sale of all or substantially all of the Company’s properties or assets to any other person (an “Organic Change”), then as a part of such Organic Change an appropriate revision to the conversion price Conversion Price shall be made if necessary and provision shall be made if necessary (by adjustments of the conversion price Conversion Price or otherwise) so that, upon any subsequent conversion that the Holder of this Note, the Holder Note shall have the right thereafter to receive, in lieu of Conversion Shares, convert this Note into the kind and amount of shares of stock and other securities or property of the Company or any successor corporation resulting from the Organic Change. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4(a) with respect to the rights of the Holder of this Note after the Organic Change to the end that the provisions of this Section 4(a) (including any adjustment in the conversion price Conversion Price then in effect and the number of shares of stock or other securities deliverable upon conversion of this Note) shall be applied after that event in as nearly an equivalent manner as may be practicable.

Adjustments for Reorganization, Merger, Consolidation or Sales of Assets. If at any time or from time to time after the issuance date of this Note there shall be a capital reorganization of the Company (other than by way of a stock split or combination of shares or stock dividends or distributions, or a reclassification, exchange or substitution of shares), or a merger or consolidation of the Company with or into another corporation where the holders of the Company’s outstanding voting securities prior to such merger or consolidation do not own over 50% of the outstanding voting securities of the merged or consolidated entity, immediately after such merger or consolidation, or the sale of all or substantially all of the Company’s properties or assets to any other person (an “Organic Change”), then as a part of such Organic Change an appropriate revision to the conversion price shall be made if necessary and provision shall be made if necessary (by adjustments of the conversion price or otherwise) so that, upon any subsequent conversion of this Note, the Holder shall have the right to receive, in lieu of Conversion Shares, the kind and amount of shares of stock and other securities or property of the Company or any successor corporation resulting from the Organic Change. In any such case, appropriate adjustment shall be made in the application of the provisions of Section 4(a4(c) with respect to the rights of the Holder after the Organic Change to the end that the provisions of Section 4(a4(c) (including any adjustment in the conversion price then in effect and the number of shares of stock or other securities deliverable upon conversion of this Note) shall be applied after that event in as nearly an equivalent manner as may be practicable.

Adjustments for Reorganization, Merger, Consolidation or Sales of Assets. If at any time or from time to time after the issuance date of this Note Issuance Date there shall be a capital reorganization of the Company Maker (other than by way of a stock split or combination of shares or stock dividends or distributionsdistributions provided for in Section 3.6(a)(i), (ii) and (iii), or a reclassification, exchange or substitution of sharesshares provided for in Section 3.6(a)(iv)), or a merger or consolidation of the Company Maker with or into another corporation where the holders of the Company’s outstanding voting securities prior to such merger or consolidation do not own over fifty percent (50% %) of the outstanding voting securities of the merged or consolidated entity, immediately after such merger or consolidation, or the sale of all or substantially all of the Company’s Maker's properties or assets to any other person (an “"Organic Change”"), then as a part of such Organic Change an appropriate revision to the conversion price Conversion Price shall be made if necessary and provision shall be made if necessary (by adjustments of the conversion price Conversion Price or otherwise) so that, upon any subsequent conversion of this Note, that the Holder shall have the right thereafter to receive, in lieu of Conversion Shares, convert such Note into the kind and amount of shares of stock and other securities or property of the Company Maker or any successor corporation resulting from the Organic Change. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4(a3.6(a)(v) with respect to the rights of the Holder after the Organic Change to the end that the provisions of this Section 4(a3.6(a)(v) (including any adjustment in the conversion price applicable Conversion Price then in effect and the number of shares of stock or other securities deliverable upon conversion of this NoteNote and the Other Notes) shall be applied after that event in as nearly an equivalent manner as may be practicable.