Common use of Certain Mergers Clause in Contracts

Certain Mergers. Subject to any required action by the stockholders of the Company, if the Company shall be the surviving corporation in any merger or consolidation (except a merger or consolidation as a result of which the holders of shares of Common Stock receive securities of another corporation), this Option, to the extent outstanding on the date of such merger or consolidation, shall entitle the holder hereof to acquire upon exercise the securities which a holder of the number of shares of Common Stock then subject to this Option would have received in such merger or consolidation.

Certain Mergers. Subject to any required action by the stockholders of the Company, if in the event that the Company shall be the surviving corporation in any merger or consolidation (except a merger or consolidation as a result of which the holders of shares of Common Stock receive securities of another corporation), this Option, to the extent Options outstanding on the date of such merger or consolidation, consolidation shall entitle the holder hereof pertain to acquire upon exercise and apply to the securities which a holder of the number of shares of Common Stock then subject to this Option such Options would have received in such merger or consolidation.