Common use of Capital Reorganization Clause in Contracts

Capital Reorganization. If after the date of issuance of this Warrant there shall be any consolidation or merger to which the Company is a party (whether or not the Company is the surviving entity), other than a consolidation or a merger in which the Company is a continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value), in, outstanding shares of Common Stock, or any sale, assignment, lease, exchange, conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company as an entirety or substantially as an entirety or all or substantially all of the outstanding equity securities of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "Capital Reorganization"), then, effective upon the effective date of such Capital Reorganization, the Holder shall have the right to purchase, upon exercise of this Warrant, the kind and amount of shares of stock and other securities and property (including cash) which the Holder would have owned or have been entitled to receive after such Capital Reorganization if this Warrant had been exercised immediately prior to such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to the Holder an agreement as to the Holder's rights in accordance with this Section 4.3, providing for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.3 shall similarly apply to successive Capital Reorganizations.

Capital Reorganization. If after the date of issuance of this Warrant there shall be any consolidation or merger to which the Company is a party (whether or not the Company is the surviving entity)party, other than a consolidation or a merger in of which the Company is a the continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value), Share Reorganization) in, outstanding shares of Common StockShares, or any sale, assignment, lease, exchange, sale or conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company as an entirety or substantially as an entirety entirety, or all or substantially all of the outstanding equity securities any recapitalization of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "“Capital Reorganization"”), then, effective upon the effective date of such Capital Reorganization, the Warrant Holder shall no longer have the right to purchase Shares, but shall have instead the right to purchase, upon exercise of this Warrant, the kind and amount of shares of stock and other securities and property (including cash) which the Warrant Holder would have owned or have been entitled to receive after pursuant to such Capital Reorganization if this the Warrant had been exercised immediately prior to the effective date of such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to the Warrant Holder an agreement as to the Warrant Holder's ’s rights in accordance with this Section 4.35(d), providing providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IVSection 5 and otherwise having the same terms and conditions as set forth herein. The provisions of this Section 4.3 5(d) shall similarly apply to successive Capital Reorganizations.

Capital Reorganization. If after the date of issuance of this Warrant the Option there shall be any consolidation or merger to which the Company is a party (whether or not the Company is the surviving entity), other than a consolidation or a merger in which the Company is a continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value), in, outstanding shares of Common Stock, or any sale, assignment, lease, exchange, conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company as an entirety or substantially as an entirety or all or substantially all of the outstanding equity securities of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "Capital Reorganization"), then, effective upon the effective date of such Capital Reorganization, the Holder Employee shall have the right to purchase, upon exercise of this Warrantthe Option, the kind and amount of shares of stock and other securities and property (including cash) which the Holder Employee would have owned or have been entitled to receive after such Capital Reorganization if this Warrant the Option had been exercised immediately prior to such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to the Holder Employee an agreement as to the HolderEmployee's rights in accordance with this Section 4.3Paragraph 17(c), providing for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IVParagraph 17(c). The provisions of this Section 4.3 Paragraph 17(c) shall similarly apply to successive Capital Reorganizations.

Capital Reorganization. If after the date of issuance of this Warrant there shall be any consolidation or merger to which the Company is a party (whether or not the Company is the surviving entity)party, other than a consolidation or a merger in of which the Company is a the continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value), Reorganization) in, outstanding shares of Common Stock, or any sale, assignment, lease, exchange, sale or conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company as an entirety or substantially as an entirety entirety, or all or substantially all of the outstanding equity securities any recapitalization of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "Capital Reorganization"), then, effective upon the effective date of such Capital Reorganization, the Holder Warrant holder shall no longer have the right to purchase Common Stock, but shall have instead the right to purchase, upon exercise of this Warrant, the kind and amount of shares of stock and other securities and property (including cash) which the Warrant Holder would have owned or have been entitled to receive after pursuant to such Capital Reorganization if this the Warrant had been exercised immediately prior to the effective date of such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to the each Warrant Holder an agreement as to the Warrant Holder's rights in accordance with this Section 4.35(d), providing providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IVSection 5. The provisions of this Section 4.3 5(d) shall similarly apply to successive Capital Reorganizations.

Capital Reorganization. If after the date of issuance of this Warrant there shall be any consolidation or merger to which the Company is a party (whether or not the Company is the surviving entity)party, other than a consolidation or a merger in of which the Company company is a continuing the surviving corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value), Reorganization) in, outstanding shares of Common Stock, or any sale, assignment, lease, exchange, sale or conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company company as an entirety or substantially as an entirety entirety, or all or substantially all of the outstanding equity securities any recapitalization of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "Capital Reorganization"), then, effective upon the effective date of such Capital Reorganization, the Holder Warrant holder shall no longer have the right to purchase Common Stock, but shall have instead the right to purchase, upon exercise of this Warrant, the kind and amount of shares of stock and other securities and property (including cash) which the Warrant Holder would have owned or have been entitled to receive after pursuant to such Capital Reorganization if this Warrant had been exercised immediately prior to the effective date of such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to the Warrant Holder an agreement as to the Warrant Holder's rights in accordance with this Section 4.35(b), providing providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IVSection 5. The provisions of this Section 4.3 5 (b) shall similarly apply to successive Capital Reorganizations.

Capital Reorganization. If after the date of issuance of this Warrant there shall be any consolidation or merger to which the Company is a party (whether or not the Company is the surviving entity)party, other than a consolidation or a merger in of which the Company is a the continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value), Share Reorganization) in, outstanding shares of Common StockShares, or any sale, assignment, lease, exchange, sale or conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company as an entirety or substantially as an entirety or all or substantially all of the outstanding equity securities entirety, or, any recapitalization of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "“Capital Reorganization"”), then, effective upon the effective date of such Capital Reorganization, the Warrant Holder shall no longer have the right to purchase Shares, but shall have instead the right to purchase, upon exercise of this Warrant, the kind and amount of shares of stock and other securities and property (including cash) which the Warrant Holder would have owned or have been entitled to receive after pursuant to such Capital Reorganization if this the Warrant had been exercised immediately prior to the effective date of such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to the Warrant Holder an agreement as to the Warrant Holder's ’s rights in accordance with this Section 4.35(d), providing providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IVSection 5 and otherwise having the same terms and conditions as set forth herein, except that, in the case of a successor or surviving corporation, Sections 5(b), (c) and (k) shall not apply. The provisions of this Section 4.3 5(d) shall similarly apply to successive Capital Reorganizations.

Capital Reorganization. If after the date of issuance of this Warrant there shall be any consolidation or merger to which the Company is a party (whether or not the Company is the surviving entity)party, other than a consolidation or a merger in of which the Company is a the continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value), Reorganization) in, outstanding shares of Common Stock, or any sale, assignment, lease, exchange, sale or conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company as an entirety or substantially as an entirety entirety, or all or substantially all of the outstanding equity securities any recapitalization of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "Capital ReorganizationCAPITAL REORGANIZATION"), then, effective upon the effective date of such Capital Reorganization, the Holder Warrant holder shall no longer have the right to purchase Common Stock, but shall have instead the right to purchase, upon exercise of this Warrant, the kind and amount of shares of stock and other securities and property (including cash) which the Warrant Holder would have owned or have been entitled to receive after pursuant to such Capital Reorganization if this the Warrant had been exercised immediately prior to the effective date of such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to the Warrant Holder an agreement as to the Warrant Holder's rights in accordance with this Section 4.35(d), providing providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IVSection 5. The provisions of this Section 4.3 5(d) shall similarly apply to successive Capital Reorganizations.

Capital Reorganization. If after the date of issuance of this Exchange Warrant there shall be any consolidation or merger to which the Company is a party (whether or not the Company is the surviving entity)party, other than a consolidation or a merger in which the Company is a continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value), ) in, outstanding shares of Common Stock, or any sale, assignment, lease, exchange, sale or conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company as an entirety or substantially as an entirety or all or substantially all of the outstanding equity securities of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "Capital Reorganization"), then, effective upon the effective date of such Capital Reorganization, the Holder shall have the right to purchase, upon exercise of this Exchange Warrant, the kind and amount of shares of stock and other securities and property (including cash) which the Holder would have owned or have been entitled to receive after such Capital Reorganization if this Exchange Warrant had been exercised as permitted herein immediately prior to such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to the Holder an agreement as to the Holder's rights in accordance with this Section 4.34.2, providing for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.3 4.2 shall similarly apply to successive Capital Reorganizations.

Capital Reorganization. If after the date of issuance of this Warrant there shall be any consolidation or merger to which the Company is a party (whether or not the Company is the surviving entity)party, other than a consolidation or a merger in of which the Company is a continuing the surviving corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value), Reorganization) in, outstanding shares of Common Stock, or any sale, assignment, lease, exchange, sale or conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company as an entirety or substantially as an entirety entirety, or all or substantially all of the outstanding equity securities any similar recapitalization of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "Capital Reorganization"), then, effective upon the effective date of such Capital Reorganization, the Warrant Holder shall no longer have the right to purchase Common Stock, but shall have instead the right to purchase, upon exercise of this Warrant, the kind and amount of shares of stock and other securities and property (including cash) which the Warrant Holder would have owned or have been entitled to receive after pursuant to such Capital Reorganization if this the Warrant had been exercised immediately prior to the effective date of such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to the each Warrant Holder an agreement as to the Warrant Holder's rights in accordance with this Section 4.33(b), providing providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments adjustment as nearly equivalent as may be practicable to the adjustments adjustment provided for in this Article IVSection 3. The provisions of this Section 4.3 3(b) shall similarly apply to successive Capital Reorganizations.

Capital Reorganization. If after the date of issuance of this Warrant there shall be any consolidation or merger to which the Company is a party (whether or not the Company is the surviving entity)party, other than a consolidation or a merger in which the Company is a continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value), ) in, outstanding shares of Common Stock, or any sale, assignment, lease, exchange, sale or conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company as an entirety or substantially as an entirety or all or substantially all of the outstanding equity securities of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "Capital Reorganization"), then, effective upon the effective date of such Capital Reorganization, the Holder shall have the right to purchase, upon exercise of this Warrant, the kind and amount of shares of stock and other securities and property (including cash) which the Holder would have owned or have been entitled to receive after such Capital Reorganization if this Warrant had been exercised as permitted herein immediately prior to such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving corporation, as the case may be, shall execute and deliver to the Holder an agreement as to the Holder's rights in accordance with this Section 4.34.2, providing for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.3 4.2 shall similarly apply to successive Capital Reorganizations.

Capital Reorganization. If after the date of issuance of this Warrant there shall be any consolidation or merger to which the Company Corporation is a party (whether or not the Company is the surviving entity)party, other than a consolidation or a merger in which the Company Corporation is a continuing corporation and which does not result in any reclassification of, or change (other than a subdivision or combination of the Common Stock Reorganization or a change in par value), ) in, outstanding shares of Common Stock, or any sale, assignment, lease, exchange, sale or conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company corporation as an entirety or substantially as an entirety or all or substantially all of the outstanding equity securities of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "Capital Reorganization"), then, effective upon the effective date of such Capital Reorganization, the Holder shall have the right to purchase, purchase upon exercise of this Warrantthe Options, the kind and amount of shares of stock and other securities and property (including cash) which the Holder would have owned or have been entitled to receive after such Capital Reorganization if this Warrant the Options had been exercised immediately prior to such Capital Reorganization, assuming the Options were exercisable for all of the Option Shares immediately prior to such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company Corporation or the successor or surviving corporation, as the case may be, shall execute and deliver to the Holder an agreement as to the Holder's rights in accordance with this Section 4.32.10, providing for subsequent adjustments rights as nearly as equivalent as may be practicable to the adjustments rights provided for in this Article IVAgreement. The provisions of this Section 4.3 2.10 shall similarly apply to successive Capital Reorganizations.

Capital Reorganization. If after the date of issuance of this Warrant there shall be any consolidation or merger to which the Company Corporation is a party (whether or not the Company is the surviving entity)party, other than a consolidation or a merger in which the Company Corporation is a continuing corporation and which does not result in any reclassification of, or change (other than a subdivision or combination of the Common Stock Reorganization or a change in par value), ) in, outstanding shares of Common Stock, or any sale, assignment, lease, exchange, ny sale or conveyance or other transfer (in one transaction or series of related transactions) of the property of the Company Corporation as an entirety or substantially as an entirety or all or substantially all of the outstanding equity securities of the Company to any person or group of related persons for the purposes of Section 13(d) of the Exchange Act (any such event being called a "Capital Reorganization"), then, effective upon the effective date of such Capital Reorganization, the Holder shall have the right to purchase, upon exercise of this Warrantthe Option, the kind and amount of shares of stock and other securities and property (including cash) which the Holder would have owned or have been entitled to receive after such Capital Reorganization if this Warrant the Option had been exercised immediately prior to such Capital Reorganization, assuming the Option were exercisable for all of the Option Shares immediately prior to such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company Corporation or the successor or surviving corporation, as the case may be, shall execute and deliver to the Holder an agreement as to the Holder's rights in accordance with this Section 4.32.10, providing for subsequent adjustments rights as nearly as equivalent as may be practicable to the adjustments rights provided for in this Article IVAgreement. The provisions of this Section 4.3 2.10 shall similarly apply to successive Capital Reorganizations.