Common use of Reclassification or Merger Clause in Contracts

Reclassification or Merger. In case of any reclassification or change of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), the Company shall duly execute and deliver to the Holder a new Warrant (in form and substance satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, so that the Holder shall have the right to receive upon exercise of this Warrant, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares of Applicable 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 or change by a holder of the number of shares of Applicable Stock then purchasable under this Warrant. The provisions of this Section 5(a) shall similarly apply to successive reclassifications and changes.

Reclassification or Merger. In case of any reclassification -------------------------- reclassification, change, or change conversion of securities of the class or series issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combinationcombination described above), or in case of a Merger/Acquisition where this Warrant has not been exercised in accordance with Section 1 hereof, the Company Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the Holder Warrantholder a new Warrant (in form and substance satisfactory to the Holder), or the Company shall make appropriate provision without the issuance of a new Warrant, warrant so that the Holder Warrantholder shall have the right to receive upon exercise of this Warrantreceive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares of Applicable 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 reclassification, change, or change Merger/Acquisition by a holder of the number of shares of Applicable Common Stock then purchasable under this Warrant. 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 4. The provisions of this Section 5(asubparagraph (h) shall similarly apply to successive reclassifications reclassification, changes, and changesMergers/Acquisitions.

Reclassification or Merger. In case of any reclassification or change of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or 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 merger of the Company shall duly execute and deliver to the Holder with or into another corporation (other than a new Warrant (merger with another corporation in form and substance satisfactory to the Holder), or which the Company shall make appropriate provision without is the issuance surviving corporation and which does not result in any reclassification or change of a new Warrant, so that the Holder shall have the right to receive 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 holder of this Warrant shall be entitled, upon the exercise hereof at any time after consummation of any of the foregoing events to the extent this Warrant is not exercised before such event or redeemed in connection with such event, to receive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares of Applicable 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 reclassification, change, merger, or change sale of all or substantially all of the assets of the Company by a holder of the number of shares of Applicable Common Stock then purchasable under this Warrant. The provisions of this Section 5(a) shall similarly apply to successive reclassifications and changes.

Reclassification or Merger. In case of any reclassification or change of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or 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 merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is the acquiring and the surviving 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 duly execute and deliver to the Holder holder of this Warrant a new Warrant (in form and substance satisfactory to the Holderholder of this Warrant), or the Company shall make appropriate provision without the issuance of a new Warrant, so that the Holder holder of this Warrant shall have the right night to receive upon exercise of this Warrantreceive, at a total purchase price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and in lieu of the shares of Applicable 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 or change by a holder of the number of shares of Applicable Stock then purchasable under this Warrant. The provisions of this Section 5(a) shall similarly apply to successive reclassifications and changes.such