Common use of Consolidation, Merger, Sale of Assets, Reorganization, etc Clause in Contracts

Consolidation, Merger, Sale of Assets, Reorganization, etc. (a) If the stockholders of the Company shall participate in a share exchange or if 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, liquidation or recapitalization of the Common Stock) in which the previously outstanding Common Stock 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 the foregoing (each such transaction being herein called a "Transaction"), then, as a condition to the consummation of the Transaction, the Company, in the case of the recapitalization or liquidation of the Common Stock, or such other corporation or entity, in the case of a share exchange, merger, consolidation or sale of all or substantially all of the assets, shall make lawful and adequate provision so that, upon the exercise thereof at any time on or after the consummation of the Transaction, each Warrantholder shall be entitled to receive, and such Warrant shall represent the right to receive, in lieu of the Common Stock, the securities or other property (including cash) to which the Warrantholder would have been entitled upon the consummation of the Transaction if such Warrantholder had exercised such Warrant immediately prior thereto, subject to adjustment from and after the consummation date as nearly equivalent as possible to the adjustments provided for in Section 3.1.

Consolidation, Merger, Sale of Assets, Reorganization, etc. (a) If the stockholders of the Company shall participate in a share exchange or if 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, liquidation or recapitalization of the Common Stock) in which the previously outstanding Common Stock 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 the foregoing (each such transaction being herein called a "Transaction"), then, as a condition to the consummation of the Transaction, then the Company, in the case of the recapitalization or liquidation of the Common Stock, or such other corporation or entity, in the case of a share exchange, merger, consolidation or sale of all or substantially all of the assets, shall make lawful and adequate provision so that, upon the exercise thereof at any time on or after the consummation of the Transaction, each Warrantholder shall be entitled to receive, and such Warrant shall represent the right to receive, in lieu of the Common Stock, the securities or other property (including cash) to which the Warrantholder would have been entitled upon the consummation of the Transaction if such Warrantholder had exercised such Warrant immediately prior thereto, subject to adjustment from and after the consummation date as nearly equivalent as possible to the adjustments provided for in Section 3.1.

Consolidation, Merger, Sale of Assets, Reorganization, etc. (a) If the stockholders of the Company shall participate in a share exchange or if 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, liquidation or recapitalization of the Common Stock) in which the previously outstanding Common Stock 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 the foregoing (each such transaction being herein called a "Transaction"), then, as a condition to the consummation of the Transaction, the Company, in the case of the recapitalization or liquidation of the Common Stock, or such other corporation or entity, in the case of a share exchange, merger, consolidation or sale of all or substantially all of the assets, shall make lawful and adequate provision so that, upon the exercise thereof at any time on or after the consummation of the Transaction, each Warrantholder shall be entitled to receive, and such Warrant shall represent the right to receive, in lieu of the Common StockStock issuable upon consummation of such Transaction, the securities or other property (including cash) to which the Warrantholder would have been entitled upon the consummation of the Transaction if such Warrantholder had exercised such Warrant immediately prior thereto, subject to adjustment from and after the consummation date as nearly equivalent as possible to the adjustments provided for in Section 3.1.

Consolidation, Merger, Sale of Assets, Reorganization, etc. (a) If In case at any time (and whether or not the stockholders of the Company shall participate in a share exchange or if Warrant is then exercisable) the Company shall be a party to any transaction (including, including without limitation, limitation a merger, consolidation, sale of all or substantially all of the Company's assets, liquidation assets or recapitalization of the Common Stock) in which the previously outstanding Common Stock shall be changed into or exchanged for different securities of the Company or changed into or exchanged for common stock or other securities of another corporation, corporation or interests in a non-corporate noncorporate entity or other property (including cash), ) or any combination of any of the foregoing (each such transaction being herein called a hereinafter referred to as the "Transaction"), ) then, as a condition to the consummation of the Transaction, the Company, in the case of the recapitalization or liquidation of the Common Stock, or such other corporation or entity, in the case of a share exchange, merger, consolidation or sale of all or substantially all of the assets, shall make lawful and adequate provision provisions shall be made so that, upon the basis and terms and in the manner provided in this Section 2.9, the Holder, upon the exercise thereof at any time on or after the consummation of the TransactionWarrant, each Warrantholder shall be entitled to receive, and such Warrant shall represent the right to receive, in lieu of the Common StockStock issuable upon such exercise prior to such consummation, the securities or stock and other securities, cash and property (including cash) to which the Warrantholder Holder would have been entitled upon the consummation of the Transaction if such Warrantholder the Holder had exercised such the Warrant immediately prior thereto, subject to adjustment from and after the consummation date adjustments (subsequent to such consummation) as nearly equivalent as possible to the adjustments provided for in Section 3.12.

Consolidation, Merger, Sale of Assets, Reorganization, etc. (a) If the stockholders of the Company shall participate in a share exchange or if 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, liquidation or recapitalization of the Common Stock) in which the previously outstanding Common Stock 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 the foregoing (each such transaction being herein called a "Transaction"), then, as a condition to the consummation of the Transaction, then the Company, in the case of the recapitalization or liquidation of the Common Stock, or such other corporation or entity, in the case of a share exchange, merger, consolidation or sale of all or substantially all of the assets, shall make lawful and adequate provision so that, upon the exercise thereof at any time on or after the consummation of the Transaction, each Warrantholder shall be entitled to receive, and such Warrant shall represent the right to receive, in lieu of the Common Stock, the securities or other property (including cash) to which the Warrantholder would have been entitled upon the consummation of the Transaction if such Warrantholder had exercised such Warrant immediately prior thereto, subject to adjustment from and after the consummation date as nearly equivalent as possible to the adjustments provided for in Section 3.1.

Consolidation, Merger, Sale of Assets, Reorganization, etc. (a) If the stockholders of the Company shall participate in a share exchange or if In case at any time the Company shall be a party to any transaction (including, including without limitation, limitation a merger, consolidation, sale of all or substantially all of the Company's assets, liquidation assets or recapitalization of the Common Stock) in which the previously outstanding IDSs, Common Stock or IDS Notes shall be changed into or exchanged for different securities of the Company or changed into or exchanged for common stock or other securities of another corporation, corporation or interests in a non-corporate noncorporate entity or other property (including cash), ) or any combination of any of the foregoing (each such transaction being herein called a hereinafter referred to as the "Transaction"), ) then, as a condition to the consummation of the Transaction, the Company, in the case of the recapitalization or liquidation of the Common Stock, or such other corporation or entity, in the case of a share exchange, merger, consolidation or sale of all or substantially all of the assets, shall make lawful and adequate provision provisions shall be made so that, upon the basis and terms and in the manner provided in this Section 2.1, the Holder, upon the exercise thereof at any time on or after the consummation of the TransactionExchange Warrant, each Warrantholder shall be entitled to receive, and such Warrant shall represent the right to receive, in lieu of the Common StockStock or IDS Notes issuable upon such exercise or the IDSs into which they could be combined prior to such consummation, the securities or stock and other securities, cash and property (including cash) to which the Warrantholder Holder would have been entitled upon the consummation of the Transaction if such Warrantholder the Holder had exercised such the Exchange Warrant immediately prior thereto, subject to adjustment from and after the consummation date adjustments (subsequent to such consummation) as nearly equivalent as possible to the adjustments provided for in this Section 3.12.

Consolidation, Merger, Sale of Assets, Reorganization, etc. (a) If In case at any time (and whether or not the stockholders of the Company shall participate in a share exchange or if Special Warrant is then exercisable) the Company shall be a party to any transaction (including, including without limitation, limitation a merger, consolidation, sale of all or substantially all of the Company's assets, liquidation assets or recapitalization of the Common Stock) in which the previously outstanding Common Stock shall be changed into or exchanged for different securities of the Company or changed into or exchanged for common stock or other securities of another corporation, corporation or interests in a non-corporate noncorporate entity or other property (including cash), ) or any combination of any of the foregoing (each such transaction being herein called a hereinafter referred to as the "Transaction"), ) then, as a condition to the consummation of the Transaction, the Company, in the case of the recapitalization or liquidation of the Common Stock, or such other corporation or entity, in the case of a share exchange, merger, consolidation or sale of all or substantially all of the assets, shall make lawful and adequate provision provisions shall be made so that, upon the basis and terms and in the manner provided in this Section 2.10, the Holder, upon the exercise thereof at any time on or after the consummation of the TransactionSpecial Warrant, each Warrantholder shall be entitled to receive, and such Warrant shall represent the right to receive, in lieu of the Common StockStock issuable upon such exercise prior to such consummation, the securities or stock and other securities, cash and property (including cash) to which the Warrantholder Holder would have been entitled upon the consummation of the Transaction if such Warrantholder the Holder had exercised such the Special Warrant immediately prior thereto, subject to adjustment from and after the consummation date adjustments (subsequent to such consummation) as nearly equivalent as possible to the adjustments provided for in Section 3.12.