Common use of Reclassification, Consolidation or Merger Clause in Contracts

Reclassification, Consolidation or Merger. In case of any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant (other than a change in or implementation of a par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entity, other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant, or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant providing that the holder of this Warrant shall have the right to exercise such new Warrant and procure upon such exercise, in lieu of each share of Warrant Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, merger or sale by a holder of one share of Warrant Stock. Such new Warrant shall provide for adjustments provided for in this Section 12. The provisions of this subsection (b) shall similarly apply to successive reclassification, change, consolidations, mergers and sales.

Reclassification, Consolidation or Merger. In case of any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant (other than a change in par value, or implementation of a from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entitycorporation, other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant, or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant and procure upon such exercise, in lieu of each share of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, or merger or sale by a holder of one share of Warrant Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 125. No consolidation or merger of the Company with or into another corporation referred to in the first sentence of this paragraph (b) shall be consummated unless the successor or purchasing corporation referred to above shall have agreed to issue a new Warrant as provided in this Section 5. The provisions of this subsection (bc) shall similarly apply to successive reclassification, changechanges, consolidations, mergers and salestransfers.

Reclassification, Consolidation or Merger. In case of any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant Common Stock (other than a change in or implementation of a par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entity, (other than a consolidation or merger with another corporation or other entity in which the Company is a continuing corporation and in which the Company's stockholders immediately preceding such consolidation or merger own at least 50% of the voting securities of the Company following such consolidation or merger and which does not result in any reclassification or change of outstanding securities the Shares issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, corporation as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant Warrant, and procure upon such exerciseexercise and payment of the same aggregate Exercise Price, in lieu of each share the Shares of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, sale of all or substantially all of the Company's assets or merger or sale by a holder of one share an equivalent number of Warrant shares of Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 123. The provisions of this subsection (b) a), subject to Section 12 hereof, shall similarly apply to successive reclassification, changereclassifications, consolidations, mergers mergers, and salesthe sale of all or substantially all of the Company's assets.

Reclassification, Consolidation or Merger. In case of of: (i) any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant (other than a change in or implementation of a par value, or as a result of a subdivision or combination), ; or in case of (ii) any consolidation or merger of the Company with or into another corporation or other entity, other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant; or (iii) any sale, transfer or in case of any sale other disposition of all or substantially all of the property, business or assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant providing that the holder of this Warrant shall have the right to exercise such new Warrant and procure upon such exercise, in lieu of each share of Warrant Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property ("Other Property") receivable upon such reclassification, change, consolidation, merger or sale by a holder of one share of Warrant Common Stock. Such new Warrant shall provide for adjustments provided for in this Section 1211. In case of any such event, the successor or acquiring corporation (if other than Company) shall expressly assume the due and punctual observance and performance of each and every covenant and condition of this Warrant to be performed and observed by Company and all the obligations and liabilities hereunder, subject to such modifications to reflect the provisions of this paragraph and otherwise as may be appropriate. The provisions of this subsection (b) shall similarly apply to successive reclassificationreclassifications, changechanges, consolidations, mergers and sales.

Reclassification, Consolidation or Merger. In case of any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant (other than a change in par value, or implementation of a from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entitycorporation, other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant, or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant and procure upon such exercise, in lieu of each share of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, or merger or sale by a holder of one share of Warrant Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 125. No consolidation or merger of the Company with or into another corporation referred to in the first sentence of this subsection (a) shall be consummated unless the successor or purchasing corporation referred to above shall have agreed to issue a new Warrant as provided in this Section 5. The provisions of this subsection (ba) shall similarly apply to successive reclassification, changechanges, consolidations, mergers and salestransfers.

Reclassification, Consolidation or Merger. In case of any reclassification or change of outstanding securities of the class issuable upon exercise or conversion of this Warrant (other than a change in par value, or implementation of a from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entitycorporation, other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant, or in case of any sale of all or substantially all of the assets of the Company, the CompanyCompany shall, or shall use its best efforts to cause such successor or purchasing corporation, as the case may be, shall to, execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant and procure upon such exercise, in lieu of each share of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, or merger or sale by a holder of one share of Warrant Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 125. The provisions of this subsection (ba) shall similarly apply to successive reclassification, changechanges, consolidations, mergers and salestransfers.

Reclassification, Consolidation or Merger. In case of any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant (other than a change in par value, or implementation of a from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entitycorporation, other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant, or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant and procure upon such exercise, in lieu of each share of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, or merger or sale by a holder of one share of Warrant Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 125. No consolidation or merger of the Company with or into another corporation referred to in the first sentence of this paragraph (b) shall be consummated unless the successor or purchasing corporation referred to above shall have agreed to issue a new Warrant as provided in this Section 5. The provisions of this subsection (b) shall similarly apply to successive reclassification, changechanges, consolidations, mergers and salestransfers.

Reclassification, Consolidation or Merger. In case of any ----------------------------------------- reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant Series D Preferred Stock (other than a change in or implementation of a par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entity, (other than a consolidation or merger with another corporation or other entity in which the Company is a continuing corporation and in which the Company's stockholders immediately preceding such consolidation or merger own at least 50% of the voting securities of the Company following such consolidation or merger and which does not result in any reclassification or change of outstanding securities the shares issuable upon exercise of this Warrant), or in the case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, corporation as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant Quantum shall have the right to exercise such new Warrant Warrant, and procure upon such exerciseexercise and payment of the same aggregate Exercise Price, in lieu of each share the shares of Warrant Series D Preferred Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, sale of all or substantially all of the Company's assets or merger or sale by a holder of one share an equivalent number of Warrant shares of Series D Preferred Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 125. The provisions of this subsection (ba) shall similarly apply to successive reclassification, changereclassifications, consolidations, mergers mergers, and salesthe sale of all or substantially all of the Company's assets.

Reclassification, Consolidation or Merger. In case of any ----------------------------------------- reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant Series C Preferred Stock (other than a change in or implementation of a par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entity, (other than a consolidation or merger with another corporation or other entity in which the Company is a continuing corporation and in which the Company's stockholders immediately preceding such consolidation or merger own at least 50% of the voting securities of the Company following such consolidation or merger and which does not result in any reclassification or change of outstanding securities the shares issuable upon exercise of this Warrant), or in the case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, corporation as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant Quantum shall have the right to exercise such new Warrant Warrant, and procure upon such exerciseexercise and payment of the same aggregate Exercise Price, in lieu of each share the shares of Warrant Series C Preferred Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, sale of all or substantially all of the Company's assets or merger or sale by a holder of one share an equivalent number of Warrant shares of Series C Preferred Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 125. The provisions of this subsection (ba) shall similarly apply to successive reclassification, changereclassifications, consolidations, mergers mergers, and salesthe sale of all or substantially all of the Company's assets.

Reclassification, Consolidation or Merger. In case of any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant (other than a change in par value, or implementation of a from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entitycorporation, other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant, or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant and procure upon such exercise, in lieu of each share of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, or merger or sale by a holder of one share of Warrant Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 125. The provisions of this subsection (b) shall similarly apply to successive reclassification, changechanges, consolidations, mergers and salestransfers.

Reclassification, Consolidation or Merger. In case of any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant (other than a change in par value, or implementation of a from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entitycorporation, other than a merger with another corporation or other entity in which the Company is a the continuing corporation and which that does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant, or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, and the Warrant Agent shall execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant and procure upon such exercise, in lieu of each share of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and money, and/or property receivable upon such reclassification, change, consolidation, merger merger, or sale by a holder of one share of Warrant Common Stock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 125. The provisions of this subsection (bSection 5(a) shall similarly apply to successive reclassificationreclassifications, changechanges, consolidations, mergers mergers, and sales.

Reclassification, Consolidation or Merger. In case of any ----------------------------------------- reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant (other than a change in par value, or implementation of a from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entitycorporation, other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant, or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant and procure upon such exercise, in lieu of each share of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable 6 upon such reclassification, change, consolidation, or merger or sale by a holder of one share of Warrant Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 126. The provisions of this subsection (bd) shall similarly apply to successive reclassification, changechanges, consolidations, mergers and salestransfers.

Reclassification, Consolidation or Merger. In case of any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant Common Stock (other than a change in or implementation of a par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entity, (other than a consolidation or merger with another corporation or other entity in which the Company is a continuing corporation and in which the Company's stockholders immediately preceding such consolidation or merger own at least 50% of the voting securities of the Company following such consolidation or merger and which does not result in any reclassification or change of outstanding securities the Shares issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, corporation as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant Warrant, and procure upon such exerciseexercise and payment of the same aggregate Exercise Price, in lieu of each share the Shares of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, sale of all or substantially all of the Company's assets or merger or sale by a holder of one share an equivalent number of Warrant shares of Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 124. The provisions of this subsection (b) a), subject to Section 1 hereof, shall similarly apply to successive reclassification, changereclassifications, consolidations, mergers mergers, and salesthe sale of all or substantially all of the Company's assets.

Reclassification, Consolidation or Merger. In case of At any reclassification or change of time while Warrants are outstanding securities of the class issuable upon exercise of this Warrant (other than a change in or implementation of a par valueand unexpired, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entity, other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrantthe Warrants (other than a change in par value, or from par value to no par value per share, or from no par value per share to par value or as a result of subdivision or combination of outstanding securities issuable upon the exercise of the Warrants), or in the case of any sale or transfer to another corporation of all or substantially all of the assets property of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall shall, without payment of any additional consideration therefor, execute a new Warrant Warrants providing that the holder holders of this Warrant the Warrants shall have the right to exercise such new Warrant Warrants (upon terms not less favorable to the Holders than those then applicable to the Warrants) and procure to receive upon such exercise, in lieu of each share of Warrant Common Stock theretofore issuable upon exercise of this Warrantthe Warrants, the kind and amount of shares of stock, other securities, money and or property receivable upon such reclassification, change, consolidation, merger merger, sale or sale transfer by a the holder of one share of Warrant StockCommon Stock issuable upon exercise of the Warrants had the Warrants been exercised immediately prior to such reclassification, change, consolidation, merger, sale or transfer. Such new Warrant Warrants shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 126. The provisions of this subsection (bSection 6.2(a) shall similarly apply to successive reclassificationreclassifications, changechanges, consolidations, mergers mergers, sales and salestransfers.

Reclassification, Consolidation or Merger. In case of any ----------------------------------------- reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant Common Stock (other than a change in or implementation of a par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entity, (other than a consolidation or merger with another corporation or other entity in which the Company is a continuing corporation and in which the Company's stockholders immediately preceding such consolidation or merger own at least 50% of the voting securities of the Company following such consolidation or merger and which does not result in any reclassification or change of outstanding securities the Shares issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, corporation as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant Warrant, and procure upon such exerciseexercise and payment of the same aggregate Exercise Price, in lieu of each share the Shares of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, sale of all or substantially all of the Company's assets or merger or sale by a holder of one share an equivalent number of Warrant shares of Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 123. The provisions of this subsection (b) a), subject to Section 12 hereof, shall similarly apply to successive reclassification, changereclassifications, consolidations, mergers mergers, and salesthe sale of all or substantially all of the Company's assets.

Reclassification, Consolidation or Merger. In case of any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant Common Stock (other than a change in or implementation of a par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entity, (other than a consolidation or merger with another corporation or other entity in which the Company is a continuing corporation and in which the Company's stockholders immediately preceding such consolidation or merger own at least 50% of the voting securities of the Company following such consolidation or merger and which does not result in any reclassification or change of outstanding securities the Shares issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, corporation as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant Warrant, and procure upon such exerciseexercise and payment of the same aggregate Exercise Price, in lieu of each share of Warrant Stock the Shares theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, sale of all or substantially all of the Company's assets or merger or sale by a holder of one share an equivalent number of Warrant StockShares. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 12Paragraph "(A)" of this Article "4" of this Warrant. The provisions of this subsection Paragraph "(b) A)" of this Article "4" of this Warrant shall similarly apply to successive reclassification, changereclassifications, consolidations, mergers and mergers, sales, leases or conveyances.

Reclassification, Consolidation or Merger. In case of of: (i) any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant Warrant; (other than a change in or implementation of a par value, or as a result of a subdivision or combination), or in case of ii) any consolidation or merger of the Company with or into another corporation or other entity, (other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification reclassification, change or change exchange of outstanding securities issuable upon exercise of this Warrant); or (iii) any sale or transfer to another corporation of all, or in case of any sale of all or substantially all all, of the assets property of the Company, then, and in each such event, the Company, Company or such successor or purchasing corporation, as the case may be, shall execute a new Warrant providing which will provide that the holder of this Warrant Holder shall have the right to exercise such new Warrant and procure purchase upon such exercise, in lieu of each share of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, merger merger, sale or sale transfer by a holder of one share Common Stock issuable upon exercise of this Warrant Stockhad this Warrant been considered exercised immediately prior to such reclassification, change, consolidation, merger, sale or transfer. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 12. The 3 and the provisions of this subsection (b) Section 3 and the provisions of this Section 3.1 shall similarly apply to successive reclassificationreclassifications, changechanges, consolidationsconsolidations mergers, mergers sales and salestransfers.

Reclassification, Consolidation or Merger. In case of any ----------------------------------------- reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant (other than a change in par value, or implementation of a from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entitycorporation, other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant, or in case of any sale of all or substantially all of the assets of the CompanyCompany in exchange for equity securities of the acquiror, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant Warrant, providing that the holder Holder of this Warrant shall have the right to exercise such new Warrant and procure upon such exercise, in lieu of each share of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, or merger or sale by a holder of one share of Warrant Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 125. The provisions of this subsection (bSection 5(a) shall similarly apply to successive reclassificationreclassifications, changechanges, consolidations, mergers and salestransfers.

Reclassification, Consolidation or Merger. In case of any reclassification or change of outstanding securities of the class issuable upon exercise of this Warrant (other than a change in par value, or implementation of a from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any consolidation or merger of the Company with or into another corporation or other entitycorporation, other than a merger with another corporation or other entity in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant, or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant and procure upon such exercise, in lieu of each share of Warrant Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change, consolidation, or merger or sale by a holder of one share of Warrant Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 125. The provisions No consolidation or merger of the Company with or into another corporation referred to in the first sentence of this subsection paragraph (b) shall similarly apply to successive reclassification, change, consolidations, mergers and sales.be