Common use of Mergers, Consolidations and Reclassifications Clause in Contracts

Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants at any time after the Issuance Date (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which Section 2(b) applies), or in case of any consolidation or merger of the Company with or into any entity or other person (other than a merger with another entity or other person in which the Company is the surviving corporation and which does not result in any reclassification or change in the securities issuable upon exercise of this Warrant Certificate), the holder of the Warrants shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have the right to obtain, upon the exercise of the Warrants, in lieu of each share of Common Stock, other securities, money or other property theretofore issuable upon exercise of a Warrant, the kind and amount of shares of stock, other securities, money or other property receivable upon such reclassification, change, consolidation or merger by a holder of the shares of Common Stock, other securities, money or other property issuable upon exercise of a Warrant if the Warrants had been exercised immediately prior to such reclassification, change, consolidation or merger. The constituent documents effecting any such reclassification, change, consolidation or merger shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in this Section 2(a). The provisions of this Section 2(a) shall similarly apply to successive reclassifications, changes, consolidations or mergers.

Appears in 8 contracts

Samples: Brigham Exploration Co, Securities Purchase Agreement (Credit Suisse First Boston/), Brigham Exploration Co

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Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants this Warrant at any time after the Issuance Date (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which Section 2(bsubsection 3(b) applies), or in case of any consolidation or merger of the Company with or into any entity or other person another corporation (other than a merger with another entity or other person corporation in which the Company is the surviving corporation and which does not result in any reclassification or change (other than a change in the par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination to which subsection 3(b) applies) of outstanding securities issuable upon exercise of this Warrant CertificateWarrant), the holder of the Warrants Holder shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have have, the right to obtain, obtain upon the exercise of the Warrantshereof, in lieu of each share the shares of Common Stock, other securities, money money, or other property theretofore issuable upon exercise of a this Warrant, the kind and amount of shares of stock, other securities, money money, or other property receivable upon such reclassification, change, consolidation consolidation, or merger by a holder of the shares of Common Stock, other securities, money money, or other property issuable upon exercise of a hereof had this Warrant if the Warrants had been exercised immediately prior to such reclassification, change, consolidation consolidation, or merger. The constituent documents effecting any such reclassification, change, consolidation consolidation, or merger shall provide for any adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in this Section 2(asubsection 3(a). The provisions of this Section 2(asubsection 3(a) shall similarly apply to successive reclassifications, changes, consolidations consolidations, or mergers.

Appears in 6 contracts

Samples: Warrant (Enron Capital & Trade Resources Corp), Enron North America Corp, Enron Capital & Trade Resources Corp

Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants evidenced by this Warrant Certificate at any time after the Issuance Closing Date (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which paragraph (b) of this Section 2(b) 3 applies), or in case of any consolidation or merger of the Company with or into any entity or other person another corporation (other than a merger with another entity or other person corporation in which the Company is the surviving corporation and which does not result in any reclassification or change [other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination to which paragraph (b) of this Section 3 applies] in the securities issuable upon exercise of this Warrant CertificateWarrant), the holder of the Warrants evidenced by this Warrant Certificate shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have have, the right to obtain, obtain upon the exercise of the WarrantsWarrants evidenced by this Warrant Certificate, in lieu of each share of Common Stock, other securities, money or other property theretofore issuable upon exercise of a Warrant, the kind and amount of shares of stock, other securities, money or other property receivable upon such reclassification, change, consolidation or merger by a holder of the shares of Common Stock, other securities, money or other property issuable upon exercise of a Warrant if the Warrants evidenced by this Warrant Certificate had been exercised immediately prior to such reclassification, change, consolidation or merger. The constituent documents effecting any such reclassification, change, consolidation or merger shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in paragraph (a) of this Section 2(a)3. The provisions of paragraph (a) of this Section 2(a) 3 shall similarly apply to successive reclassifications, changes, consolidations or mergers.

Appears in 4 contracts

Samples: Employment Agreement (Advanced Communications Group Inc/De/), Employment Agreement (Advanced Communications Group Inc/De/), Employment Agreement (Advanced Communications Group Inc/De/)

Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants this Warrant at any time after the Issuance Date (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which Section 2(bsubsection 3(b) applies), or in case of any consolidation or merger of the Company with or into any entity or other person another corporation (other than a merger with another entity or other person corporation in which the Company is the surviving corporation and which does not result in any reclassification or change (other than a change in the par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination to which subsection 3(b) applies) of outstanding securities issuable upon exercise of this Warrant CertificateWarrant), the holder of the Warrants Holder shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have have, the right to obtain, obtain upon the exercise of the Warrantshereof, in lieu of each share the shares of Common Stock, other securities, money money, or other property theretofore issuable upon exercise of a this Warrant, the kind and amount of shares of stock, other securities, money money, or other property receivable upon such reclassification, change, consolidation consolidation, or merger by a holder of the shares of Common Stock, other securities, money money, or other property issuable upon exercise of a Warrant if the Warrants hereof had this Xxxxxxx been exercised immediately prior to such reclassification, change, consolidation consolidation, or merger. The constituent documents effecting any such reclassification, change, consolidation consolidation, or merger shall provide for any adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in this Section 2(asubsection 3(a). The provisions of this Section 2(asubsection 3(a) shall similarly apply to successive reclassifications, changes, consolidations consolidations, or mergers.

Appears in 1 contract

Samples: Warrant (Enron Capital & Trade Resources Corp)

Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants at any time after the Issuance Date (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which Section 2(bSECTION 2(B) applies), or in case of any consolidation or merger of the Company with or into any entity or other person (other than a merger with another entity or other person in which the Company is the surviving corporation and which does not result in any reclassification or change in the securities issuable upon exercise of this Warrant Certificate), the holder of the Warrants shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have the right to obtain, upon the exercise of the Warrants, in lieu of each share of Common Stock, other securities, money or other property theretofore issuable upon exercise of a Warrant, the kind and amount of shares of stock, other securities, money or other property receivable upon such reclassification, change, consolidation or merger by a holder of the shares of Common Stock, other securities, money or other property issuable upon exercise of a Warrant if the Warrants had been exercised immediately prior to such reclassification, change, consolidation or merger. The constituent documents effecting any such reclassification, change, consolidation or merger shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in this Section SECTION 2(a). The provisions of this Section SECTION 2(a) shall similarly apply to successive reclassifications, changes, consolidations or mergers.

Appears in 1 contract

Samples: Brigham Exploration Co

Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants at any time after the Issuance Date (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which Section subsection 2(b) applies), or in case of any consolidation or merger of the Company with or into any entity or other person (other than a merger with another entity or other person in which the Company is the surviving corporation and which does not result in any reclassification or change in the securities issuable upon exercise of this Warrant Certificate), the holder of the Warrants shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have the right to obtain, upon the exercise of the Warrants, in lieu of each share of Common Stock, other securities, money or other property theretofore issuable upon exercise of a Warrant, the kind and amount of shares of stock, other securities, money or other property receivable upon such reclassification, change, consolidation or merger by a holder of the shares of Common Stock, other securities, money or other property issuable upon exercise of a Warrant if the Warrants had been exercised immediately prior to such reclassification, change, consolidation or merger. The constituent documents effecting any such reclassification, change, consolidation or merger shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in this Section subsection 2(a). The provisions of this Section subsection 2(a) shall similarly apply to successive reclassifications, changes, consolidations or mergers.

Appears in 1 contract

Samples: Securities Purchase and Registration Rights Agreement (Brigham Exploration Co)

Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants at any time after the Issuance Date (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which Section 2(bsubsection 4(b) applies), or in case of any consolidation or merger of the Company with or into any entity or other person another corporation (other than a merger with another entity or other person corporation in which the Company is the surviving corporation and which does not result in any reclassification or change [other than a change in the par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination to which subsection 4(b) applies] of outstanding securities issuable upon exercise of this Warrant CertificateWarrant), the holder of the Warrants Holder shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have have, the right to obtain, obtain upon the exercise of the Warrantshereof, in lieu of each share the shares of Common Stock, other securities, money or other property theretofore issuable upon exercise of a Warrant, the kind and amount of shares of stock, other securities, money or other property receivable upon such reclassification, change, consolidation or merger by a holder of the shares of Common Stock, other securities, money or other property issuable upon exercise of a hereof had this Warrant if the Warrants had been exercised immediately prior to such reclassification, change, consolidation or merger. The constituent documents effecting any such reclassification, change, consolidation or merger shall provide for any adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in this Section 2(asubsection 4(a). The provisions of this Section 2(asubsection 4(a) shall similarly apply to successive reclassifications, changes, consolidations or mergers.

Appears in 1 contract

Samples: Registration Rights Agreement (Enron Capital & Trade Resources Corp)

Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants at any time after the Issuance Date (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which Section 2(bsubsection 3(b) applies), or in case of any consolidation or merger of the Company with or into any another entity or other person (other than a merger with another entity or other person in which the Company is the surviving corporation and which does not result in any reclassification or change in the securities issuable upon exercise of this Warrant CertificateWarrant), the holder of the Warrants shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have have, the right to obtain, obtain upon the exercise of the Warrants, in lieu of each share of Common Stock, other securities, money or other property theretofore theretofor issuable upon exercise of a Warrant, the kind and amount of shares of stock, other securities, money or other property receivable upon such reclassification, change, consolidation or merger by a holder of the shares of Common Stock, other securities, money or other property issuable upon exercise of a Warrant if the Warrants had been exercised immediately prior to such reclassification, change, consolidation or merger. The constituent documents effecting any such reclassification, change, consolidation or merger shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in this Section 2(asubsection 3(a). The provisions of this Section 2(asubsection 3(a) shall similarly apply to successive reclassifications, changes, consolidations or mergers.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sierra Well Service Inc)

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Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants at any time after the Issuance Date Options evidenced by this Option Agreement (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which paragraph (b) of this Section 2(b) applies), or in case of any consolidation or merger of the Company with or into any entity or other person another corporation (other than a merger with another entity or other person corporation in which the Company is the surviving corporation and which does not result in any reclassification or change [other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination to which paragraph (b) of this Section applies] in the securities issuable upon exercise of this Warrant CertificateOption), the holder of the Warrants Options evidenced by this Option Agreement shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have have, the right to obtain, obtain upon the exercise of the WarrantsOptions evidenced by this Option Agreement, in lieu of each share of Common Stock, other securities, money or other property theretofore issuable upon exercise of a WarrantOption, the kind and amount of shares of stock, other securities, money or other property receivable upon such reclassification, change, consolidation or merger by a holder of the shares one share of Common Stock, other securities, money or other property issuable upon exercise of a Warrant if Stock had the Warrants had Options evidenced by this Option Agreement been exercised immediately prior to such reclassification, change, consolidation or merger. The constituent documents effecting any such reclassification, change, consolidation or merger shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in this Section 2(a)Section. The provisions of paragraph (a) of this Section 2(a) shall similarly apply to successive reclassifications, changes, consolidations or mergers.

Appears in 1 contract

Samples: Stock Option and Put Agreement (Advanced Communications Group Inc/De/)

Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants at any time after the Issuance Date (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which Section 2(bSECTION 2(B) applies), or in case of any consolidation or merger of the Company with or into any entity or other person (other than a merger with another entity or other person in which the Company is the surviving corporation and which does not result in any reclassification or change in the securities issuable upon exercise of this Warrant Certificate), the holder of the Warrants shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have the right to obtain, upon the exercise of the Warrants, in lieu of each share of Common Stock, other securities, money or other property theretofore issuable upon exercise of a Warrant, the kind and amount of shares of stock, other securities, money or other property receivable upon such reclassification, change, consolidation or merger by a holder of the shares of Common Stock, other securities, money or other property issuable upon exercise of a Warrant if the Warrants had been exercised immediately prior to such reclassification, change, consolidation or merger. The constituent documents effecting any such reclassification, change, consolidation or merger shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in this Section 2(aSECTION 2(A). The provisions of this Section 2(aSECTION 2(A) shall similarly apply to successive reclassifications, changes, consolidations or mergers.

Appears in 1 contract

Samples: Brigham Exploration Co

Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants at any time after the Issuance Date (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which Section SECTION 2(b) applies), or in case of any consolidation or merger of the Company with or into any entity or other person (other than a merger with another entity or other person in which the Company is the surviving corporation and which does not result in any reclassification or change in the securities issuable upon exercise of this Warrant Certificate), the holder of the Warrants shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have the right to obtain, upon the exercise of the Warrants, in lieu of each share of Common Stock, other securities, money or other property theretofore issuable upon exercise of a Warrant, the kind and amount of shares of stock, other securities, money or other property receivable upon such reclassification, change, consolidation or merger by a holder of the shares of Common Stock, other securities, money or other property issuable upon exercise of a Warrant if the Warrants had been exercised immediately prior to such reclassification, change, consolidation or merger. The constituent documents effecting any such reclassification, change, consolidation or merger shall provide for adjustments adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided in this Section 2(a). The provisions of this Section 2(a) shall similarly apply to successive reclassifications, changes, consolidations or mergers.3

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Blue Dolphin Energy Co)

Mergers, Consolidations and Reclassifications. In case of any reclassification or change of outstanding securities issuable upon exercise of the Warrants at any time after the Issuance Date (other than a change in par value, or from par value to no par value, or from no par value to par value or as a result of a subdivision or combination to which Section 2(b) applies), or in case of any consolidation or merger of the Company with or into any entity or other person (other than a merger with another entity or other person in which the Company is the surviving corporation and which does not result in any reclassification or change in the securities issuable upon exercise of this Warrant Certificate), the holder of the Warrants shall have, and the Company, or such successor corporation or other entity, shall covenant in the constituent documents effecting any of the foregoing transactions that such holder does have the right to obtain, upon the exercise of the Warrants, in lieu of each share of Common Stock, other securities, money or other property theretofore issuable upon exercise of a Warrant, the kind and amount of shares of stock, other securities, money or other property receivable upon such reclassification, change, consolidation or merger by a holder of the shares of Common Stock, other securities, money or other property issuable upon exercise of a Warrant if the Warrants had been exercised immediately prior to such reclassification, change, consolidation or merger. The constituent documents effecting any such reclassification, change, consolidation or merger shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in this Section 2(a). The provisions of this Section 2(a) shall similarly apply to successive reclassifications, changes, consolidations or mergers.be

Appears in 1 contract

Samples: Securities Purchase Agreement (Credit Suisse First Boston/)

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