Changes in Ownership Interests. In case at any time the Company shall be a party to any transaction (including, without limitation, a merger, consolidation, sale of all or substantially all of the Company's assets or recapitalization of the Ownership Interests) in which the previously outstanding Ownership Interests shall be changed into or exchanged for different securities of the Company or common stock or other securities of another corporation or interests in a non-corporate entity or other property (including cash) or any combination of any of the foregoing (each such transaction being herein called the "Transaction" and the date of consummation of the Transaction being herein called the "Consummation Date"), then, as a condition of the consummation of the Transaction, lawful and adequate provisions shall be made so that each Holder, upon the exercise hereof at any time on or after the Consummation Date, shall be entitled to receive, and this Warrant shall thereafter represent the right to receive, in lieu of the Ownership Interests issuable upon such exercise prior to the Consummation Date, the highest amount of securities or other property to which such Holder would actually have been entitled as a holder of an Ownership Interest upon the consummation of the Transaction if such Holder had exercised such Warrant immediately prior thereto. The provisions of this Section 10.5 shall similarly apply to successive Transactions.
Appears in 2 contracts
Sources: Warrant Agreement (Digital Lava Inc), Warrant Agreement (Digital Lava Inc)