Common use of PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC Clause in Contracts

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute an agreement that each Holder shall have the right thereafter upon payment of the Warrant Price in effect immediately prior to such action to purchase upon exercise of each Warrant the kind and amount of shares and other securities and property which he, she or it would have owned or have been entitled to receive after the happening of such consolidation, merger, sale or conveyance had such Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, to each Holder, notice of the execution of any such agreement. Such agreement shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 11. The provisions of this subsection 11.5 shall similarly apply to successive consolidations, mergers, sales or conveyances.

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property property, assets or business of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute an agreement that each Holder shall have with the registered holders of the Warrants providing such holders with the right thereafter thereafter, upon payment of the Warrant Price in effect immediately prior to such action action, to purchase purchase, upon exercise of each Warrant Warrant, the kind and amount of shares and other securities and property which he, she or it would have owned or have been entitled to receive after the happening of such consolidation, merger, sale or conveyance had such each Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, Any such agreements referred to each Holder, notice of the execution of any such agreement. Such agreement in this subsection 8.4 shall provide for adjustments adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 118 hereof. The provisions of this subsection 11.5 8.4 shall similarly apply to successive consolidations, mergers, sales sales, or conveyances.

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC. In case of any consolidation of the Company with or amalgamation or merger of the Company into another corporation legal entity or in case of any sale or conveyance to another corporation legal entity of the property property, assets or business of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporationentity, as the case may be, shall execute an agreement with the Holder that each the Holder shall have the right thereafter upon payment of the Warrant Exercise Price in effect immediately prior to such action to purchase upon exercise of each this Warrant the kind and amount of shares Shares and other securities and property which he, she or it he would have owned or have been entitled to receive after the happening of such consolidation, amalgamation, merger, sale or conveyance had such this Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, to each Holder, notice of the execution of any such agreement. Such agreement shall provide for adjustments adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 118. The Company shall mail an executed copy of any such agreement by first class mail, postage prepaid, to the Holder. The provisions of this subsection 11.5 8.4 shall similarly apply to successive consolidations, mergers, sales sales, or conveyances.

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property property, assets or business of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrant Agent an agreement that each Holder the registered holders of the Warrants shall have the right thereafter thereafter, upon payment of the Warrant Price in effect immediately prior to such action action, to purchase purchase, upon exercise of each Warrant Warrant, the kind and amount of shares and other securities and property which he, she or it would have owned or have been entitled to receive after the happening of such consolidation, merger, sale or conveyance had such each Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, Any such agreements referred to each Holder, notice of the execution of any such agreement. Such agreement in this subsection 9.4 shall provide for adjustments adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 119 hereof. The provisions of this subsection 11.5 9.4 shall similarly apply to successive consolidations, mergers, sales sales, or conveyances.

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC. In case of any reclassification of the securities of the Company or any consolidation of the Company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property property, assets or business of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute an provide by agreement that each Holder the Warrantholder shall have the right thereafter upon payment of the Warrant Price in effect immediately prior to such action to purchase upon exercise of each the Warrant the kind and amount of shares and other securities and property which he, /she or it would have owned or have been entitled to receive after the happening of such reclassification, consolidation, merger, sale or conveyance had such the Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, to each Holder, notice of the execution of any such agreement. Such agreement shall provide for adjustments adjustments, which shall be as nearly equivalent as may be practicable to the adjustments adjustment provided for in this Section 11Section. The provisions of this subsection 11.5 shall similarly apply to successive consolidationsreclassification, consolidation, mergers, sales or conveyances.

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale or conveyance reconveyance to another corporation of the property property, assets or business of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute an agreement provide that each Holder the holder shall have the right thereafter upon payment of the Warrant Exercise Price in effect immediately prior to such action to purchase upon exercise of each the Warrant the kind and amount of shares and other securities and property which he, she or it he would have owned or have been entitled to receive after the happening of such consolidation, merger, sale or conveyance had such the Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, to each Holder, notice of the execution of any such agreement. Such agreement shall provide for adjustments adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 119. The provisions of this subsection 11.5 Subsection 9.2 shall similarly apply to successive consolidations, mergers, sales or conveyances.

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property property, assets or business of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as corporation shall agree that the case may be, shall execute an agreement that each Holder registered holders of the Warrants shall have the right thereafter thereafter, upon payment of the Warrant Price in effect immediately prior to such action action, to purchase purchase, upon exercise of each Warrant Warrant, the kind and amount of shares and other securities and property which he, she or it would have owned or have been entitled to receive after the happening of such consolidation, merger, sale or conveyance had such each Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, Any such agreements referred to each Holder, notice of the execution of any such agreement. Such agreement in this subsection 8.4 shall provide for adjustments adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 118 hereof. The provisions of this subsection 11.5 8.4 shall similarly apply to successive consolidations, mergers, sales sales, or conveyances.

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property property, assets or business of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute an agreement with the Holder that each the Holder shall have the right thereafter upon payment of the Warrant Price in effect immediately prior to such action to purchase upon exercise of each this Warrant the kind and amount of shares Shares and other securities and property which he, she or it he would have owned or have been entitled to receive after the happening of such consolidation, merger, sale or conveyance had such this Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, to each Holder, notice of the execution of any such agreement. Such agreement shall provide for adjustments adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 118. The Company shall mail an executed copy of any such agreement by first class mail, postage prepaid, to the Holder. The provisions of this subsection 11.5 8.4 shall similarly apply to successive consolidations, mergers, sales sales, or conveyances.

PRESERVATION OF PURCHASE RIGHTS UPON RECLASSIFICATION, CONSOLIDATION, ETC. In case of any consolidation of the Company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property property, assets or business of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute an agreement with the Holder that each the Holder shall have the right thereafter upon payment of the Warrant Price in effect immediately prior to such action to purchase upon exercise of each this Warrant the kind and amount of shares Shares and other securities and property which he, she or it he would have owned or have been entitled to receive after the happening of such consolidation, merger, sale or conveyance had such this Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, to each Holder, notice of the execution of any such agreement. Such agreement shall provide for adjustments adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 118. The Company shall mail an executed copy of any such agreement by first class mail, postage prepaid, to the Holder. The provisions of this subsection 11.5 8.4 shall similarly apply to successive consolidations, mergers, sales sales, or conveyances.