Common use of Effect of Merger or Consolidation Clause in Contracts

Effect of Merger or Consolidation. In case the Company shall enter into any consolidation with or merger into any other corporation wherein the Company is not the surviving corporation, or sell or convey its property as an entirety or substantially as an entirety and in connection with such consolidation, merger, sale or conveyance shares of stock or other securities shall be issuable or deliverable in exchange for the Common Stock of the Company, the Holder of any Warrant shall thereafter be entitled to purchase pursuant to such Warrant (in lieu of the number of shares of Common Stock which such Holder would have been entitled to purchase immediately prior to such consolidation, merger, sale or conveyance) the shares of stock or other securities to which such number of shares of Common Stock would have been entitled at the time of such consolidation, merger sale or conveyance, at an aggregate Exercise Price equal to that which would have been payable if such number of shares of Common Stock had been purchased immediately prior thereto. In case of any such consolidation, merger, sale or conveyance, appropriate provision (as determined by resolution of the Board of Directors of the Company with the approval of the Holder) shall be made with respect to the rights and interests thereafter of the Holders of Warrants, to the end that all the provisions of the Warrants (including adjustment provisions) shall thereafter be applicable, as nearly as reasonably practicable, in relation to such stock or other securities.

Effect of Merger or Consolidation. In case If the Company shall shall, while this Warrant remains outstanding, enter into any consolidation with or merger merge into any other corporation wherein the Company is not the surviving continuing corporation, or wherein cash or securities of a corporation other than the Company are distributable to holders of Common Stock of the Company, or sell or convey its property as an entirety or substantially as an entirety entirety, and in connection with such consolidation, merger, sale or conveyance conveyance, shares of stock or cash or other securities shall be issuable or deliverable in exchange for the Common Stock of the Company, the Holder of any Warrant shall thereafter be entitled to purchase pursuant to such this Warrant (in lieu of the number of shares of Common Stock which such that the Holder would have been entitled to purchase or acquire immediately prior to before the effective date of such consolidation, merger, sale or conveyance) the shares of stock or cash or other securities to which such number of shares of Common Stock would have been entitled at the time of such consolidation, merger merger, sale or conveyance, at an aggregate Exercise Price purchase price equal to that which would have been payable if such number of shares of Common Stock had been purchased upon exercise of a Warrant immediately prior thereto. In case cash of any such consolidation, merger, sale or conveyance, appropriate provision (as determined by a resolution of the Board of Directors of the Company with the approval of the HolderCompany) shall be made with respect to the rights and interests thereafter of the Holders of WarrantsHolder, to the end that all the provisions of the Warrants this Warrant (including adjustment provisions) shall thereafter be applicable, applicable as nearly as reasonably practicable, in relation to such stock or other securities.

Effect of Merger or Consolidation. In case the event the Company shall enter into any consolidation with or merger into any other corporation wherein the Company is not the surviving corporation, or shall sell or convey its property as an entirety or substantially as an entirety and entirety, and, in connection with such consolidation, merger, sale or conveyance conveyance, shares of stock or other securities shall be issuable or deliverable in exchange for the Common Stock of the Company, the Holder of any Warrant shall thereafter be entitled to purchase pursuant to such Warrant (in lieu of the number of shares of Common Stock which such Holder would have been entitled to purchase immediately prior to such consolidation, merger, sale or conveyance) the shares of stock or other securities to which such number of shares of Common Stock would have been entitled at the time of such consolidation, merger merger, sale or conveyance, at an aggregate Exercise Price equal to that which would have been payable if such number of shares of Common Stock stock had been purchased immediately prior thereto. In case of any such consolidation, merger, sale or conveyance, appropriate provision (as determined by resolution of the Board of Directors of the Company with the approval of the HolderCompany) shall be made with respect to the rights and interests thereafter of the Holders of Warrantsthe Warrant, to the end that all the provisions of the Warrants this Warrant (including adjustment provisions) shall thereafter be applicable, as nearly as reasonably practicable, in relation to such stock or other securities.

Effect of Merger or Consolidation. In case the Company shall enter into any consolidation with or merger into any other corporation wherein the Company is not the surviving corporation, or sell or convey its property as an entirety or substantially as an entirety and entirety, and, in connection with such consolidation, merger, sale sale, or conveyance conveyance, shares of stock or other securities or property (including cash) shall be issuable or deliverable in exchange for the Common Stock of the Company, the Holder of any Warrant shall thereafter be entitled to purchase pursuant to such Warrant or receive (in lieu of the number of shares of Common Stock which such Holder would have been entitled to purchase immediately prior to such consolidation, merger, sale sale, or conveyance) the shares of stock or other securities or property (including cash) to which such number of shares of Common Stock would have been entitled at the time of such consolidation, merger sale merger, sale, or conveyance, at an aggregate Exercise Price equal to that which would have been payable payable, if such number of shares of Common Stock had been purchased immediately prior theretothereof. In case of any such consolidation, merger, sale sale, or conveyance, appropriate provision (as determined by resolution of the Board board of Directors directors of the Company with the approval of the HolderCompany) shall be made with respect to the rights and interests thereafter of the Holders holders of Warrantsthis Warrant, to the end that all the provisions of the Warrants this Warrant (including adjustment provisions) shall thereafter be applicable, as nearly as reasonably practicable, in relation to such stock or other securitiessecurities or property (including cash).

Effect of Merger or Consolidation. In case If the Company shall shall, while this Springing Warrant remains outstanding, enter into any consolidation with or merger merge into any other corporation wherein the Company is not the surviving continuing corporation, or wherein cash or securities of a corporation other than the Company are distributable to holders of Common Stock of the Company, or sell or convey its property as an entirety or substantially as an entirety entirety, and in connection with such consolidation, merger, sale or conveyance conveyance, shares of stock or cash or other securities shall be issuable or deliverable in exchange for the Common Stock of the Company, the Holder of any Warrant shall thereafter be entitled to purchase pursuant to such this Springing Warrant (in lieu of the number of shares of Common Stock which such that the Holder would have been entitled to purchase or acquire immediately prior to before the effective date of such consolidation, merger, sale or conveyance) the shares of stock or cash or other securities to which such number of shares of Common Stock would have been entitled at the time of such consolidation, merger merger, sale or conveyance, at an aggregate Exercise Price purchase price equal to that which would have been payable if such number of shares of Common Stock had been purchased upon exercise of a Springing Warrant immediately prior thereto. In case of any such consolidation, merger, sale or conveyance, appropriate provision (as determined by a resolution of the Board of Directors of the Company with the approval of the HolderCompany) shall be made with respect to the rights and interests thereafter of the Holders of WarrantsHolder, to the end that all the provisions of the Warrants this Springing Warrant (including adjustment provisions) shall thereafter be applicable, applicable as nearly as reasonably practicable, in relation to such stock or other securities.

Effect of Merger or Consolidation. In case If the Company shall shall, while this Warrant remains outstanding, enter into any consolidation with or merger merge into any other corporation wherein the Company is not the surviving continuing corporation, or wherein securities of a corporation other than the Company are distributable to holders of Common Stock of the Company, or sell or convey its property as an entirety or substantially as an entirety entirety, and in connection with such consolidation, merger, sale or conveyance conveyance, shares of stock or other securities shall be issuable or deliverable in exchange for the Common Stock of the Company, the Holder of any Warrant shall thereafter be entitled to purchase pursuant to such this Warrant (in lieu of the number of shares of Common Stock which such comprised in the number of Units that the Holder would have been entitled to purchase or acquire immediately prior to before the effective date of such consolidation, merger, sale or conveyance) the shares of stock or other securities to which such number of shares of Common Stock comprised in such number of Units would have been entitled at the time of such consolidation, merger merger, sale or conveyance, at an aggregate Exercise Price purchase price equal to that which would have been payable if such number of shares of Common Stock had been purchased upon exercise of a Warrant immediately prior thereto. In case of any such consolidation, merger, sale or conveyance, appropriate provision (as determined by a resolution of the Board of Directors of the Company with the approval of the HolderCompany) shall be made with respect to the rights and interests thereafter of the Holders of WarrantsHolder, to the end that all the provisions of the Warrants this Warrant (including adjustment provisions) shall thereafter be applicable, applicable as nearly as reasonably practicable, in relation to such stock or other securities.

Effect of Merger or Consolidation. In case If the Company shall shall, while this Warrant remains outstanding, enter into any consolidation with or merger merge into any other corporation wherein the Company is not the surviving continuing corporation, or wherein cash or securities of a corporation other than the Company are distributable to holders of Common Stock of the Company, or sell or convey its property as an entirety or substantially as an entirety entirety, and in connection with such consolidation, merger, sale or conveyance conveyance, shares of stock or cash or other securities shall be issuable or deliverable in exchange for the Common Stock of the Company, the Holder of any Warrant shall thereafter be entitled to purchase pursuant to such this Warrant (in lieu of the number of shares of Common Stock which such that the Holder would have been entitled to purchase or acquire immediately prior to before the effective date of such consolidation, merger, sale or conveyance) the shares of stock or cash or other securities to which such number of shares of Common Stock would have been entitled at the time of such consolidation, merger merger, sale or conveyance, at an aggregate Exercise Price purchase price equal to that which would have been payable if such number of shares of Common Stock had been purchased upon exercise of this Warrant immediately prior thereto. In case of any such consolidation, merger, sale or conveyance, appropriate provision (as determined by a resolution of the Board of Directors of the Company with the approval of the HolderCompany) shall be made with respect to the rights and interests thereafter of the Holders of WarrantsHolder, to the end that all the provisions of the Warrants this Warrant (including adjustment provisions) shall thereafter be applicable, applicable as nearly as reasonably practicable, in relation to such stock or other securities.

Effect of Merger or Consolidation. In case the Company shall shall, while this Warrant remains outstanding, enter into any consolidation with or merger into any other corporation wherein the Company is not the surviving corporation, or wherein securities of a corporation other than the Company are distributable to holders of Common Stock, or sell or convey its property as an entirety or substantially as an entirety followed by distribution of any or all of the proceeds thereof to shareholders, and in connection with such consolidation, merger, sale or conveyance conveyance, shares of stock or other securities or property shall be issuable or deliverable in exchange for the Common Stock Stock, then, as a condition of such consolidation, merger, sale or conveyance, lawful and adequate provision shall be made whereby the Company, the Holder holder of any this Warrant shall thereafter be entitled to purchase pursuant to such this Warrant (in lieu of the number of shares of Common Stock which such Holder holder would have been entitled to purchase immediately prior to such consolidation, merger, sale or conveyance) the shares of stock or other securities or property to which such number of shares of Common Stock would have been entitled at the time of such consolidation, merger merger, sale or conveyance, at an aggregate Exercise Price equal to that which would have been payable if such number of shares of Common Stock had been purchased immediately prior thereto. In case of any such consolidation, merger, sale or conveyance, appropriate provision (as determined by resolution of the Board of Directors of the Company with the approval of the Holder) shall be made with respect to the rights and interests thereafter of the Holders of Warrants, to the end that all the provisions of the Warrants (including adjustment provisions) shall thereafter be applicable, as nearly as reasonably practicable, in relation to such stock or other securities.purchase price equal

Effect of Merger or Consolidation. In case the Company shall shall, while this Warrant remains outstanding, enter into any consolidation with or merger into any other corporation wherein the Company is not the surviving corporation, or wherein securities of a corporation other than the Company are distributable to holders of Common Stock, or sell or convey its property as an entirety or substantially as an entirety followed by distribution of any or all of the proceeds thereof to shareholders, and in connection with such consolidation, merger, sale or conveyance conveyance, shares of stock or other securities or property shall be issuable or deliverable in exchange for the Common Stock Stock, then, as a condition of such consolidation, merger, sale or conveyance, lawful and adequate provision shall be made whereby the Company, the Holder holder of any this Warrant shall thereafter be entitled to purchase pursuant to such this Warrant (in lieu of the number of shares of Common Stock which such Holder holder would have been entitled to purchase immediately prior to such consolidation, merger, sale or conveyance) the shares of stock or other securities or property to which such number of shares of Common Stock would have been entitled at the time of such consolidation, merger merger, sale or conveyance, at an aggregate Exercise Price purchase price equal to that which would have been payable if such number of shares of Common Stock had been purchased by exercise of this Warrant immediately prior thereto. In case of any such consolidation, merger, sale or conveyance, an appropriate provision (as determined by resolution of the Board of Directors of the Company with the approval of the Holder) shall be made with respect to the rights and interests thereafter of the Holders of Warrants, to the end that all the provisions of the Warrants (including adjustment provisions) shall thereafter be applicable, as nearly as reasonably practicable, in relation to such stock or other securities.interests

Effect of Merger or Consolidation. In case the Company shall enter into any consolidation with or merger into any other corporation wherein the Company is not the surviving corporation, or sell or convey its property as an entirety or substantially as an entirety and in connection with such consolidation, merger, sale or conveyance shares of stock or other securities shall be issuable or deliverable in exchange for the Common Stock of the Company, the Holder of any Warrant shall thereafter be entitled to purchase pursuant to such Warrant (in lieu of the number of shares of Common Stock Warrant Shares which such Holder would have been entitled to purchase immediately prior to such consolidation, merger, sale or conveyance) the shares of stock or other securities to which such number of shares of Common Stock Warrant Shares would have been entitled at the time of such consolidation, merger sale or conveyance, at an aggregate Exercise Price equal to that which would have been payable if such number of shares of Common Stock Warrant Shares had been purchased immediately prior thereto. In case of any such consolidation, merger, sale or conveyance, appropriate provision (as determined by resolution of the Board of Directors of the Company with the approval of the Holder) shall be made with respect to the rights and interests thereafter of the Holders Holder of Warrantsthis Warrant, to the end that all the provisions of the Warrants this Warrant (including adjustment provisions) shall thereafter be applicable, as nearly as reasonably practicable, in relation to such stock or other securities.