Common use of Merger, Dissolution, etc Clause in Contracts

Merger, Dissolution, etc. In the event that at any time during the term of this Warrant there shall be (i) any capital reorganization or reclassification of the Common Stock of the Company, (ii) a consolidation or merger of the Company with another entity (other than a merger with a subsidiary in which merger the Company is the continuing corporation and which does not result in any reclassification or change of the Shares issuable upon exercise of the Warrant); (iii) a share exchange in which the Common Stock of the Company will be acquired; or (iv) the sale or lease of all or substantially all of the assets of the Company; then, as a condition of the reorganization, reclassification, consolidation, merger, share exchange, sale or lease, lawful and fair provision shall be made whereby the Holder of this Warrant after the transaction shall have the right to purchase and receive, upon the basis and upon the terms and conditions specified in this Warrant and in lieu of the shares of Common Stock of the Company purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by this Warrant, the shares of stock, securities or assets that may be issued or payable with respect to or in exchange for a number of outstanding shares of Common Stock equal to the number of shares of Common Stock purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by the Warrant if the reorganization, reclassification, consolidation, merger, share exchange, sale or lease had not taken place. Appropriate provisions shall be made in connection with a reorganization, reclassification, consolidation, merger, share exchange, sale or lease with respect to the rights and interests of the Holder of this Warrant to the end that the provisions of this Warrant (including, without limitation, provisions for adjustments of the Exercise Price and of the number of Shares purchasable upon exercise of the Warrant) shall immediately after the transaction be applicable as nearly as possible to any shares of stock, securities or assets deliverable immediately after the transaction upon the exercise of the Warrant. The Company shall not effect any consolidation, merger, share exchange, sale or lease unless, prior to the consummation of the transaction, the successor entity (if other than the Company) resulting from the consolidation or merger, the entity acquiring the shares of Common Stock in the share exchange, or the entity purchasing or leasing the assets, assumes by written instrument executed and delivered to the Company, the obligation to deliver to the Holder of this Warrant the shares of stock, securities or assets in accordance with the foregoing provisions that the Holder may be entitled to purchase.

Merger, Dissolution, etc. In the event that at any time during the term of this Warrant there shall be (i) any capital reorganization or reclassification of the Common Stock of the Company, (ii) a consolidation or merger of the Company with another entity (other than a merger with a subsidiary in which merger the Company is the continuing corporation and which does not result in any reclassification or change of the Shares issuable upon exercise of the Warrant); (iii) a share exchange in which the Common Stock of the Company will be acquired; or (iv) the sale or lease of all or substantially all of the assets of the Company; then, as a condition of the reorganization, reclassification, consolidation, merger, share exchange, sale or lease, lawful and fair provision provisions shall be made whereby the Holder of this Warrant after the transaction shall have the right to purchase and receive, upon the basis and upon the terms and conditions specified in this Warrant and in lieu of the shares of Common Stock of the Company purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by this Warrant, the shares of stock, securities or assets that may be issued or payable with respect to or in exchange for a number of outstanding shares of Common Stock equal to the number of shares of Common Stock purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by the Warrant if the reorganization, reclassification, consolidation, merger, share exchange, sale or lease had not taken place. Appropriate provisions shall be made in connection with a reorganization, reclassification, consolidation, merger, share exchange, sale or lease with respect to the rights and interests of the Holder of this Warrant to the end that the provisions of this Warrant (including, without limitation, provisions for adjustments of the Exercise Price and of the number of Shares purchasable upon exercise of the Warrant) shall immediately after the transaction be applicable as nearly as possible to any shares of stock, securities or assets deliverable immediately after the transaction upon the exercise of the Warrant. The Company shall not effect any consolidation, merger, share exchange, sale or lease unless, prior to the consummation of the transaction, the successor entity (if other than the Company) resulting from the consolidation or merger, the entity acquiring the shares of Common Stock in the share exchange, or the entity purchasing or leasing the assets, assumes by written instrument executed and delivered to the Company, the obligation to deliver to the Holder of this Warrant the shares of stock, securities or assets in accordance with the foregoing provisions that the Holder may be entitled to purchase.

Merger, Dissolution, etc. In the event that at any time during the term of this Warrant there shall be (i) any capital reorganization or reclassification of the Common Stock of the Company, (ii) a consolidation or merger of the Company with another entity (other than a merger with a subsidiary in which merger the Company is the continuing corporation and which does not result in any reclassification or change of the Shares issuable upon exercise of the Warrant); or (iii) a share exchange in which the Common Stock of the Company will be acquired; or (iv) the sale or lease of all or substantially all of the assets of the Company; then, as a condition of the reorganization, reclassification, consolidation, merger, share exchange, sale or lease, lawful and fair provision shall be made whereby the Holder of this Warrant after the transaction shall have the right to purchase and receive, upon the basis and upon the terms and conditions specified in this Warrant and in lieu of the shares of Common Stock of the Company purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by this Warrant, the shares of stock, securities or assets that may be issued or payable with respect to or in exchange for a number of outstanding shares of Common Stock equal to the number of shares of Common Stock purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by the Warrant if the reorganization, reclassification, consolidation, merger, share exchange, sale or lease had not taken place. Appropriate provisions shall be made in connection with a reorganization, reclassification, consolidation, merger, share exchange, sale or lease with respect to the rights and interests of the Holder of this Warrant to the end that the provisions of this Warrant (including, without limitation, provisions for adjustments of the Exercise Price and of the number of Shares purchasable upon exercise of the Warrant) shall immediately after the transaction be applicable as nearly as possible to any shares of stock, securities or assets deliverable immediately after the transaction upon the exercise of the Warrant. The Company shall not effect any consolidation, merger, share exchange, sale or lease unless, prior to the consummation of the transaction, the successor entity (if other than the Company) resulting from the consolidation or merger, the entity acquiring the shares of Common Stock in the share exchange, or the entity purchasing or leasing the assets, assumes by written instrument executed and delivered to the Company, Company the obligation to deliver to the Holder of this Warrant the shares of stock, securities or assets in accordance with the foregoing provisions that the Holder may be entitled to purchase.

Merger, Dissolution, etc. In the event that at any time during the term of this Warrant there shall be (i) any capital reorganization or reclassification of the Common Stock of the Company, (ii) a consolidation or merger of the Company with another entity (other than a merger with a subsidiary in which merger the Company is the continuing corporation and which does not result in any reclassification or change of the Shares issuable upon exercise of the Warrant); or (iii) a share exchange in which the Common Stock of the Company will be acquired; or (iv) the sale or lease of all or substantially all of the assets of the Company; then, as a condition of the reorganization, reclassification, consolidation, merger, share exchange, sale or lease, lawful and fair provision shall be made whereby the Holder of this Warrant after the transaction shall have the right to purchase and receive, upon the basis and upon the terms and conditions specified in this Warrant and in lieu of the shares of Common Stock of the Company purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by this Warrant, the shares of stock, securities or assets that may be issued or payable with respect to or in exchange for a number of outstanding shares of Common Stock equal to the number of shares of Common Stock purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by the Warrant if the reorganization, reclassification, consolidation, merger, share exchange, sale or lease had not taken place. Appropriate provisions shall be made in connection with a reorganization, reclassification, consolidation, merger, share exchange, sale or lease with respect to the rights and interests of the Holder of this Warrant to the end that the provisions of this Warrant (including, without limitation, provisions for adjustments of the Exercise Price and of the number of Shares purchasable upon exercise of the Warrant) shall immediately after the transaction be applicable as nearly as possible to any shares of stock, securities or assets deliverable immediately after the transaction upon the exercise of the Warrant. The Company shall not effect any consolidation, merger, share exchange, sale or lease unless, prior to the consummation of the transaction, the successor entity (if other than the Company) resulting from the consolidation or merger, or the entity acquiring the shares of Common Stock in the share exchange, or the entity purchasing or leasing the assets, assumes by written instrument executed and delivered to the Company, the obligation to deliver to the Holder of this Warrant the shares of stock, securities or assets in accordance with the foregoing provisions that the Holder may be entitled to purchase.

Merger, Dissolution, etc. In the event that at any time during the term of this Warrant there shall be (i) any capital reorganization or reclassification of the Common Stock of the Company, (ii) a consolidation or merger of the Company with another entity (other than a merger with a subsidiary in which merger the Company is the continuing corporation and which does not result in any reclassification or change of the Shares issuable upon exercise of the Warrant); (iii) a share exchange in which the Common Stock of the Company will be acquired; or (iv) the sale or lease of all or substantially all of the assets of the Company; then, as a condition of the reorganization, reclassification, consolidation, merger, share exchange, sale or lease, lawful and fair provision shall be made whereby the Holder of this Warrant after the transaction shall have the right to purchase and receive, upon the basis and upon the terms and conditions specified in this Warrant and in lieu of the shares of Common Stock of the Company purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by this Warrant, the shares of stock, securities or assets that may be issued or payable with respect to or in exchange for a number of outstanding shares of Common Stock equal to the number of shares of Common Stock purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by the Warrant if the reorganization, reclassification, consolidation, merger, share exchange, sale or lease had not taken place. Appropriate provisions shall be made in connection with a reorganization, reclassificationreclassifica-tion, consolidation, merger, share exchange, sale or lease with respect to the rights and interests of the Holder of this Warrant to the end that the provisions of this Warrant (including, without limitation, provisions for adjustments of the Exercise Price and of the number of Shares purchasable upon exercise of the Warrant) shall immediately after the transaction be applicable as nearly as possible to any shares of stock, securities or assets deliverable immediately after the transaction upon the exercise of the Warrant. The Company shall not effect any consolidation, merger, share exchange, sale or lease unless, prior to the consummation of the transaction, the successor entity (if other than the Company) resulting from the consolidation or merger, the entity acquiring the shares of Common Stock in the share exchange, or the entity purchasing or leasing the assets, assumes by written instrument executed and delivered to the Company, the obligation to deliver to the Holder of this Warrant the shares of stock, securities or assets in accordance with the foregoing provisions that the Holder may be entitled to purchase.

Merger, Dissolution, etc. In the event that at any time during ------------------------- the term of this Warrant there shall be (i) any capital reorganization or reclassification of the Common Stock of the Company, (ii) a consolidation or merger of the Company with another entity (other than a merger with a subsidiary in which merger the Company is the continuing corporation and which does not result in any reclassification or change of the Shares issuable upon exercise of the Warrant); (iii) a share exchange in which the Common Stock of the Company will be acquired; or (iv) the sale or lease of all or substantially all of the assets of the Company; then, as a condition of the reorganization, reclassification, consolidation, merger, share exchange, sale or lease, lawful and fair provision shall be made whereby the Holder of this Warrant after the transaction shall have the right to purchase and receive, upon the basis and upon the terms and conditions specified in this Warrant and in lieu of the shares of Common Stock of the Company purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by this Warrant, the shares of stock, securities or assets that may be issued or payable with respect to or in exchange for a number of outstanding shares of Common Stock equal to the number of shares of Common Stock purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by the Warrant if the reorganization, reclassification, consolidation, merger, share exchange, sale or lease had not taken place. Appropriate provisions shall be made in connection with a reorganization, reclassification, consolidation, merger, share exchange, sale or lease with respect to the rights and interests of the Holder of this Warrant to the end that the provisions of this Warrant (including, without limitation, provisions for adjustments of the Exercise Price and of the number of Shares purchasable upon exercise of the Warrant) shall immediately after the transaction be applicable as nearly as possible to any shares of stock, securities or assets deliverable immediately after the transaction upon the exercise of the Warrant. The Company shall not effect any consolidation, merger, share exchange, sale or lease unless, prior to the consummation of the transaction, the successor entity (if other than the Company) resulting from the consolidation or merger, the entity acquiring the shares of Common Stock in the share exchange, or the entity purchasing or leasing the assets, assumes by written instrument executed and delivered to the Company, the obligation to deliver to the Holder of this Warrant the shares of stock, securities or assets in accordance with the foregoing provisions that the Holder may be entitled to purchase.

Merger, Dissolution, etc. In the event that at any time during the term of this Warrant there shall be (i) any capital reorganization or reclassification of the Common Stock of the Company, (ii) a consolidation or merger of the Company with another entity (other than a merger with a subsidiary in which merger the Company is the continuing corporation and which does not result in any reclassification or change of the Shares issuable upon exercise of the Warrant); (iii) a share exchange in which the Common Stock of the Company will be acquired; or (iv) the sale or lease of all or substantially all of the assets of the Company; then, as a condition of the reorganization, reclassification, consolidation, merger, share exchange, sale or lease, lawful and fair provision provisions shall be made whereby the Holder of this Warrant after the transaction shall have the right to purchase and receive, upon the basis and upon the terms and conditions specified in this Warrant and in lieu of the shares of Common Stock of the Company purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by this Warrant, the shares of stock, securities or assets that may be issued or payable with respect to or in exchange for a number of outstanding shares of Common Stock equal to the number of shares of Common Stock purchasable and receivable immediately prior to the transaction upon the exercise of the rights represented by the Warrant if the reorganization, reclassification, consolidation, merger, share exchange, sale or lease had not taken place. Appropriate provisions shall be made in connection with a reorganization, reclassification, consolidation, merger, share exchange, sale or lease with respect to the rights and interests of the Holder of this Warrant to the end that the provisions of this Warrant (including, without limitation, provisions for adjustments of the Exercise Price and of the number of Shares purchasable upon exercise of the Warrant) shall immediately after the transaction be applicable as nearly as possible to any shares of stock, securities or assets deliverable immediately after the transaction upon the exercise of the Warrant. The Company shall not effect any consolidation, merger, share exchange, sale or lease unless, prior to the consummation of the transaction, the successor entity (if other than the Company) resulting from the consolidation or merger, the entity acquiring the shares of Common Stock in the share exchange, or the entity purchasing or leasing the assets, assumes by written instrument executed and delivered to the Company, the obligation to deliver to the Holder of this Warrant the shares of stock, securities or assets in accordance with the foregoing provisions that the Holder may be entitled to purchase.