Common use of Recapitalization, etc Clause in Contracts

Recapitalization, etc. In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any shares of Common Stock by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders or combination of the Common Stock or any other change in capital structure of the Company, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 3 contracts

Samples: Registration Rights Agreement (Thorne Healthtech, Inc.), Registration Rights Agreement (Thorne Healthtech, Inc.), Registration Rights Agreement (Thorne Healthtech, Inc.)

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Recapitalization, etc. In the event that any capital stock Stock or other securities of the Company are issued in respect of, in exchange for, or in substitution of, any shares of Common Stock or Preferred Stock by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders stockholders or combination of the Common Stock and Preferred Stock or any other change in capital structure of the Company, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 2 contracts

Samples: Investors' Agreement (United Road Services Inc), Investors' Agreement (Charter Urs LLC)

Recapitalization, etc. In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any shares of Common Stock by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders stockholders or combination of the shares of Common Stock or any other change in capital structure of the Company's capital structure, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 2 contracts

Samples: Stockholders' Agreement (Tunes Com Inc), Investment Agreement (Apollo Investment Fund Iii Lp)

Recapitalization, etc. In the event that If any capital stock or other securities are issued in respect of, or in exchange or substitution for, or in substitution of, any shares of Common Stock by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders stockholders or combination of the Common Stock or any other change in capital structure of the CompanyIssuer, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 2 contracts

Samples: Stockholders Agreement (Alliance Data Systems Corp), Stockholders Agreement (Royal Precision Inc)

Recapitalization, etc. In the event that If any capital stock or other securities are issued in respect of, or in exchange or substitution for, or in substitution of, any shares of Common Stock Equity Securities by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders stockholders or combination of the shares of Common Stock or any other change in capital structure of the CompanyIssuer, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 2 contracts

Samples: Securityholders Agreement (Impsat Corp), Securityholders Agreement (Econophone Inc)

Recapitalization, etc. In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any shares of Common Stock Registrable Securities by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, stock split-up, sale of assets, distribution to Stockholders Stockholder or combination of the Common Stock shares of Registrable Securities or any other change in capital structure of the Company's capital structure, appropriate adjustments shall be made with respect to in the relevant provisions of this Agreement percentages specified herein so as to fairly and equitably preserve, preserve as far as practicable, the original rights and obligations of the parties hereto under this Agreement, all in accordance with the terms and conditions set forth in the Agreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Compass Knowledge Holdings Inc), Registration Rights Agreement (Helpmate Robotics Inc)

Recapitalization, etc. In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any shares of Common Stock Shares by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders stockholders or combination of the Common Stock Shares or any other change in Holdings' capital structure of the Companystructure, appropriate adjustments shall be made with respect to in the relevant provisions of this Agreement percentages specified herein so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 1 contract

Samples: Shareholders Agreement (Archibald Candy Corp)

Recapitalization, etc. In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any shares of Common Stock by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders stockholders or combination of the Common Stock or any other change in capital structure of the Company, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Body Central Acquisition Corp)

Recapitalization, etc. In the event that If any capital stock shares or other securities are issued in respect of, or in exchange or substitution for, or in substitution of, any shares of Common Stock Equity Securities by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders shareholders or combination of the Common Stock Shares or any other change in capital structure of the CompanyIssuer, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 1 contract

Samples: Securityholders Agreement (GST Telecommunications Inc)

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Recapitalization, etc. In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any shares of Common Stock by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders stockholders or combination of the Common Stock Shares or any other change in capital structure of the Company, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Thrupoint Inc)

Recapitalization, etc. In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any shares of Common Stock capital stock of the Company by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders Shareholders or combination of the Common Stock Shares or any other change in capital structure of the Company's capital structure, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 1 contract

Samples: Shareholders Agreement (Quality Dining Inc)

Recapitalization, etc. In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any shares of Common Stock by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders stockholders or combination of the Common Stock or any other change in capital structure of the Company, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 1 contract

Samples: Stockholders Agreement (Cross Country Inc)

Recapitalization, etc. In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any shares of Common Stock Registrable Securities by reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, split-up, sale of assets, distribution to Stockholders stockholders or combination of the Common Stock Restricted Shares or any other change in capital structure of the Company, appropriate adjustments shall be made with respect to in the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto Shareholder under this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Healthplan Services Corp)

Recapitalization, etc. In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any shares Shares by reason of Common Stock by any reason of any reorganization, recapitalization, reclassification, merger, consolidation, spin-off, partial or complete liquidation, stock dividend, splitspit-up, sale of assets, distribution to Stockholders stockholders or combination of the Common Stock Shares or any other change in capital structure of the Company, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.

Appears in 1 contract

Samples: Stockholders' Agreement (Medicines Co/ Ma)

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