Recapitalization. If any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any Company 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 or combination of the Company Securities 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 fairly and equitably to preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.
Appears in 21 contracts
Sources: Shareholder Agreement, Securityholders' Agreement, Shareholder Agreement
Recapitalization. If any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any Company 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 Company Securities 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 fairly and equitably to preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.
Appears in 5 contracts
Sources: Shareholders Agreement (SMART Modular Technologies (WWH), Inc.), Shareholder Agreement (SMART Modular Technologies (DE), Inc.), Shareholders Agreement (SMART Modular Technologies (WWH), Inc.)
Recapitalization. If any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any Company Eligible 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 or combination of the Company Eligible Securities 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 fairly and equitably to preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.
Appears in 1 contract
Sources: Securityholders’ Agreement (MagnaChip Semiconductor LTD (United Kingdom))
Recapitalization. If 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 Company Securities Common Stock or Company 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 or combination of the shares of Company Securities Common Stock or Company Preferred 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 terms hereof if necessary to fairly and equitably to preserve, as far as practicable, preserve the original rights and obligations of the parties hereto under this Agreement.
Appears in 1 contract
Recapitalization. If any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any Company 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 or combination of the Company Securities or any other change in capital structure of the CompanySciQuest Holdings, appropriate adjustments shall will be made with respect to the relevant provisions of this Agreement so as fairly and equitably to preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.
Appears in 1 contract
Sources: Shareholder Agreement (Sciquest Inc)
Recapitalization. If any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any Company Securities Units 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 Company Securities Units or any other change in capital structure of the CompanyLLC, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as fairly and equitably to preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Providence Service Corp)
Recapitalization. If In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any Company Securities shares of capital stock of the Corporation 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 Company Securities Common Stock or any other change in the Corporation’s capital structure of the Companystructure, appropriate adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably to preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.
Appears in 1 contract
Sources: Stockholders Agreement
Recapitalization. If In the event that any capital stock Shares or other securities are issued in respect of, in exchange for, or in substitution of, any Company Securities shares of capital stock of the Corporation 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 Company Securities any class or series of Shares or any other change in the Corporation’s capital structure of the Companystructure, appropriate equitable adjustments shall be made with respect to the relevant provisions of this Agreement so as to fairly and equitably to preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.
Appears in 1 contract
Sources: Stockholders Agreement (WeWork Inc.)
Recapitalization. If 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 New Company Securities 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 shares of New Company Securities 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 terms hereof if necessary to fairly and equitably to preserve, as far as practicable, preserve the original rights and obligations of the parties hereto under this Agreement.
Appears in 1 contract
Sources: Stockholders' Agreement (Nomura Holding America Inc Et Al)
Recapitalization. If In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any Company Securities shares of Preferred or 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 Company Securities Preferred 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 to preserve, as far as practicable, the original rights and obligations of the parties hereto under this Agreement.
Appears in 1 contract
Recapitalization. If In the event that any capital stock or other securities are issued in respect of, in exchange for, or in substitution of, any Company Securities 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 or combination of the Company Securities 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 terms hereof if necessary to fairly and equitably to preserve, as far as practicable, preserve the original rights and obligations of the parties hereto under this Agreement.
Appears in 1 contract
Sources: Stockholders Agreement (Southwest General Hospital Lp)