Changes in Company Common Stock. If, between the date of this Agreement and the Effective Time, the number of outstanding shares of Company Common Stock shall have been changed into, or exchanged for, a different number of shares or a different class of shares, by reason of any stock dividend or distribution, subdivision, reclassification, recapitalization, stock split (including a reverse stock split), combination, readjustment or exchange of shares, or any similar event shall have occurred, then the Merger Consideration shall be equitably adjusted to reflect such change.
Changes in Company Common Stock. If, and as often as, there is any change in the Company Common Stock by way of a stock split, stock dividend, combination or reclassification, or through a merger, consolidation, reorganization or recapitalization, or by any other means, appropriate adjustment shall be made in the provisions hereof so that the rights and privileges granted hereby shall continue with respect to the Company Common Stock as so changed.
Changes in Company Common Stock. If, during the period commencing on the date of this Agreement and ending at the Effective Time, the outstanding Common Shares, Series A Shares or Series B Shares (collectively, “Shares”), or the POWR Shares, are changed into a different number or class of shares by reason of any stock split, division or subdivision of shares, stock dividend, reverse stock split, consolidation of shares, reclassification, recapitalization or other similar transaction, or if a stock dividend is declared by the Company or POWR, as applicable, during such period, or a record date with respect to any such event shall occur during such period, then the consideration to be delivered in respect of Common Shares, Series A Shares or Series B Shares pursuant to Section 2.1 shall be appropriately adjusted to reflect such change; provided, that if additional Merger Consideration is to be paid to Stockholders pursuant to this Agreement, the percentage of the Merger Consideration shall be split between cash and POWR Shares with 45% paid in cash and 55% paid in POWR Shares (unless Stockholders’ Representative otherwise consents, in its sole discretion).
Changes in Company Common Stock. If, after the date hereof and prior to the Effective Time of the Merger, Company Common Stock shall be recapitalized or reclassified or the Company shall effect any stock dividend, stock split, or reverse stock split of Company Common Stock or otherwise effect any transaction that changes Company Common Stock into any other securities or any other dividend or distribution shall be made on Company Common Stock (or such other securities), then the shares of Company Common Stock to be delivered under this Agreement to holders of ET Common Stock shall be appropriately and equitably adjusted to the kind and amount of shares of stock and other securities and property which holders of ET Common Stock would have been entitled to receive had such shares been issued and outstanding as of the record date for determining shareholders entitled to participate in such corporate event.
