Common use of Reorganization; Asset Sales; Etc Clause in Contracts

Reorganization; Asset Sales; Etc. In case of (i) any capital reorganization or any reclassification of the capital stock of the Company, (ii) any consolidation or merger of the Company or any Subsidiary with or into another Person, (iii) the disposition or transfer of assets of the Company other than in the ordinary course of the Company's business, (iv) any Dividend or other distribution to the holders of capital stock of the Company in the form of any asset, including without limitation securities of the Company, or (v) the dissolution, liquidation or winding up of the Company, the Holders shall thereafter be entitled to purchase (and it shall be a condition to the consummation of any such transaction or event that appropriate provision shall be made so that such Holders shall thereafter be entitled to purchase) the kind and amount of shares of stock and other securities and property receivable in such transaction by a holder of the number of shares of Common Stock of the Company into which this Agreement entitled the Holders to purchase immediately prior to such capital reorganization, reclassification of capital stock, non-surviving combination or disposition; and in any such case appropriate adjustments shall be made in the application of the provisions of this Article V with respect to rights and interests thereafter purchasable upon the exercise of a Warrant.

Appears in 5 contracts

Samples: Warrant Agreement (Esat Inc), Warrant Agreement (Integrated Communication Networks Inc), Warrant Agreement (Migratec Inc)

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Reorganization; Asset Sales; Etc. In case of (i) any capital reorganization or any reclassification of the capital stock of the Company, (ii) any consolidation or merger of the Company or any Subsidiary with or into another Personcorporation or entity, (iii) the disposition or transfer of the assets of the Company other than in the ordinary course of the Company's ’s business, (iv) any Dividend or other distribution to the holders of capital stock of the Company in the form of any asset, including without limitation securities of the Company, or (viv) the dissolution, liquidation or winding up of the Company, the Holders shall thereafter be entitled to purchase (and it shall be a condition to the consummation of any such transaction or event that appropriate provision shall be made so that such Holders shall thereafter be entitled to purchase) the kind and amount of shares of stock and other securities and property receivable in such transaction by a holder Holder of the number of shares of Common Stock of the Company into which this Agreement entitled the Holders Holder to purchase immediately prior to such capital reorganization, reclassification of capital stock, non-surviving combination or disposition; and in any such case appropriate adjustments shall be made in the application of the provisions of this Article V IV with respect to rights and interests thereafter purchasable upon the exercise of a Warrant.

Appears in 1 contract

Samples: Warrant Agreement (Reliable Power Systems Inc)

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Reorganization; Asset Sales; Etc. In case of (i) any capital reorganization or any reclassification of the capital stock of the Company, (ii) any consolidation or merger of the Company or any Subsidiary with or into another Personcorporation or entity, (iii) the disposition or transfer of the assets of the Company other than in the ordinary course of the Company's business, or (iv) any Dividend or other distribution to the holders of capital stock of the Company in the form of any asset, including without limitation securities of the Company, or (v) the dissolution, liquidation or winding up of the Company, the Holders shall thereafter be entitled to purchase (and it shall be a condition to the consummation of any such transaction or event that appropriate provision shall be made so that such Holders shall thereafter be entitled to purchase) the kind and amount of shares of stock and other securities and property receivable in such transaction by a holder of the number of shares of Common Stock of the Company into which this Agreement entitled the Holders holder to purchase immediately prior to such capital reorganization, reclassification of capital stock, non-surviving combination or disposition; and in any such case appropriate adjustments shall be made in the application of the provisions of this Article V with respect to rights and interests thereafter purchasable upon the exercise of a Warrant.

Appears in 1 contract

Samples: Warrant Agreement (Recycling Industries Inc)

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