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, each Holder of a Warrant 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 that such person 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 and the Company or such successor or purchasing corporation, as the case may me, shall execute with the Warrant Agent agreements so providing. The Company shall mail by first-class mail, postage prepaid, to the Holder of each Warrant, 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 9. The provisions of this subsection 9.4 shall similarly apply to successive consolidations, mergers, sales or conveyances. The Warrant Agent shall be under no duty or responsibility to determine the correctness of any provisions contained in any such agreement relating either to the kind or amount of shares of stock or other securities or property receivable upon exercise of Warrants or with respect to the method employed and provided therein for any adjustments.

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 of a Warrant 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 Shares and other securities and property that such person which he 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 and the Company or such successor or purchasing corporation, as the case may me, shall execute with the Warrant Agent agreements so providing. The Company shall mail by first-class mail, postage prepaid, to the Holder of each Warrant, notice of the execution of any such agreementaction. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 910. The Company shall mail by first class mail, postage prepaid, to the Holder of each Warrant, notice of the execution of any such agreement. The provisions of this subsection 9.4 10.4 shall similarly apply to successive consolidations, mergers, sales or conveyances. The Warrant Agent shall be under no duty or responsibility to determine the correctness of any provisions contained in any such agreement relating either to the kind or amount of shares Shares of stock or other securities or property receivable upon exercise of Warrants or with respect to the method employed and provided therein for any adjustments.

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, each Holder of a Warrant shall have the right thereafter upon payment of the Warrant Exercise Price Per Share 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 that such person 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 and the Company or such successor or purchasing corporation, as the case may me, shall execute with the Warrant Agent agreements so providing. The Company shall mail by first-class mail, postage prepaid, to the Holder of each Warrant, 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 9. The provisions of this subsection 9.4 9(d) shall similarly apply to successive consolidations, mergers, sales or conveyances. The Warrant Agent shall be under no duty or responsibility to determine the correctness of any provisions contained in any such agreement relating either to the kind or amount of shares of stock or other securities or property receivable upon exercise of Warrants or with respect to the method employed and provided therein for any adjustments.

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 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, each the Company or such successor or purchasing corporation, as the case may be, shall execute an agreement that the Warrant Holder of a Warrant shall have the right thereafter upon payment of the Warrant Exercise Price in effect immediately prior to such action to purchase purchase, upon exercise of each Warrant the Warrants, the kind and amount of shares and other securities and property that such person which it would have owned or have been entitled to receive after the happening of such consolidation, merger, sale sale, or conveyance had such Warrant the Warrants been exercised immediately prior to such action and action. In the event of a merger described in Section 368(a)(2)(E) of the Internal Revenue Code of 1986, in which the Company or such successor or purchasing is the surviving corporation, as the case may meright to purchase Warrant Shares under the Warrants shall terminate on the date of such merger and thereupon the Warrants shall become null and void, but only if the controlling corporation shall execute with agree to substitute for the Warrants, its Warrants Warrant Agent agreements so providing. The Company shall mail by first-class mail, postage prepaid, to the Holder of each Warrant, 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 9. The provisions of this subsection 9.4 shall similarly apply to successive consolidations, mergers, sales or conveyances. The Warrant Agent shall be under no duty or responsibility to determine the correctness of any provisions contained in any such agreement relating either to the kind or amount of shares of stock or other securities or property receivable upon exercise of Warrants or with respect to the method employed and provided therein for any adjustments.Agreement