Common use of Reclassification, Exchange, Combinations or Substitution Clause in Contracts

Reclassification, Exchange, Combinations or Substitution. Subject to Article 1.6 above, upon any reclassification, exchange, substitution, or other event that results in a change of the number and/or class of the securities issuable upon exercise or conversion of this Warrant, Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of securities and property that Holder would have received for the Shares if this Warrant had been exercised immediately before such reclassification, exchange, substitution, or other event. Such an event shall include, without limitation, any automatic conversion of the outstanding or issuable securities of the Company of the same class or series as the Shares to common stock pursuant to the terms of the Company’s Amended and Restated Certificate of Incorporation (as amended and in effect from time to time, the “Charter”), including, without limitation, upon consummation of the IPO. The Company or its successor shall promptly issue to Holder a certificate pursuant to Article 2.6 hereof setting forth the number, class and series or other designation of such new securities or other property issuable upon exercise or conversion of this Warrant as a result of such reclassification, exchange, substitution or other event that results in a change of the number and/or class of securities issuable upon the exercise or conversion of this Warrant. The provisions of this Article 2.2 shall similarly apply to successive reclassifications, exchanges, substitutions, or other events.

Appears in 4 contracts

Samples: Borderfree, Inc., Borderfree, Inc., Borderfree, Inc.

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Reclassification, Exchange, Combinations or Substitution. Subject to Article 1.6 above, upon Upon any reclassification, exchange, substitution, or other event (excluding an adjustment event covered by Section 2.1) that results in a change of the number and/or class of the securities issuable upon exercise or conversion of this Warrant, Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of securities and property that Holder would have received for the Shares if this Warrant had been exercised immediately before such reclassification, exchange, substitution, or other event. Such an event shall include, without limitation, include any automatic conversion of the outstanding or issuable securities of the Company of the same class or series as the Shares to the Company’s common stock stock, par value $0.001 per share (the “Common Stock”) pursuant to the terms of the Company’s Amended and Restated Certificate of Incorporation (Incorporation, as amended and then in effect from time to time, the “Charter”), including, without limitationeffect, upon consummation the closing of a registered public offering of the IPOCommon Stock. The Company or its successor shall promptly issue to Holder a certificate pursuant to Article 2.6 hereof setting forth the number, class and series or other designation of new Warrant for such new securities or other property. The new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article 2 including, without limitation, adjustments to the Warrant Price then in effect and to the number of securities or property issuable upon exercise or conversion of this Warrant as a result of such reclassification, exchange, substitution or other event that results in a change of the number and/or class of securities issuable upon the exercise or conversion of this new Warrant. The provisions of this Article Section 2.2 shall similarly apply to successive reclassifications, exchanges, substitutions, or other events.

Appears in 2 contracts

Samples: SPS Commerce Inc, SPS Commerce Inc

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Reclassification, Exchange, Combinations or Substitution. Subject to Article 1.6 above, upon Upon any reclassification, exchange, substitution, or other event that results in a change of the number and/or class of the securities issuable upon exercise or conversion of this Warrant, Holder shall be entitled to receive, upon exercise or conversion of this Warrant, the number and kind of securities and property that Holder would have received for the Shares if this Warrant had been exercised immediately before such reclassification, exchange, substitution, or other event. Such an event shall include, without limitation, include any automatic conversion of the outstanding or issuable securities of the Company of the same class or series as the Shares to common stock Common Stock pursuant to the terms of the Company’s Amended and Restated Certificate of Incorporation (Incorporation, including any applicable Certificate of Designation, each as amended and in effect from time to time, time (the “CharterCertificate of Incorporation), including, without limitation, ) upon consummation the closing of a registered public offering of the IPOCompany’s Common Stock. The Company or its successor shall promptly issue to Holder a certificate pursuant an amendment to Article 2.6 hereof this Warrant setting forth the number, class number and series or other designation kind of such new securities or other property issuable upon exercise or conversion of this Warrant as a result of such reclassification, exchange, substitution or other event that results in a change of the number and/or class of securities issuable upon the exercise or conversion of this Warrant. The amendment to this Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article 2 including, without limitation, adjustments to the Warrant Price and to the number of securities or property issuable upon exercise of the new Warrant. The provisions of this Article 2.2 shall similarly apply to successive reclassifications, exchanges, substitutions, or other events.

Appears in 1 contract

Samples: BioTrove, Inc.

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