Common use of Reorganizations, Mergers and Consolidations Clause in Contracts

Reorganizations, Mergers and Consolidations. If at any time or from time to time after the date hereof there is a reorganization of the Company (other than a recapitalization, subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 3) or a merger or consolidation of the Company with or into another corporation, then, as a part of such reorganization, merger or consolidation, provision shall be made so that the Holder of this Warrant thereafter shall be entitled to receive, upon exercise of this Warrant, the number of shares of stock or other securities or property of the Company, or of such successor corporation resulting from such reorganization, merger or consolidation, to which a holder of Common Stock would have been entitled on such reorganization, merger or consolidation. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 with respect to the rights of the Holder of this Warrant after the reorganization, merger or consolidation to the end that the provisions of this Section 3 (including adjustment of the Exercise Price then in effect and number of shares issuable upon exercise of this Warrant, as applicable) shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This subsection 3(d) shall similarly apply to successive reorganizations, mergers and consolidations.

Reorganizations, Mergers and Consolidations. If at any time or from time to time after the date hereof and on or prior to the Expiration Date there is a reorganization of the Company (other than a recapitalization, subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 3) or a merger or consolidation of the Company with or into another corporation, then, as a part of such reorganization, merger or consolidation, provision shall be made so that the Holder of this Warrant thereafter shall be entitled to receive, upon exercise of this Warrant, the number of shares of stock or other securities or property of the Company, or of such successor corporation resulting from such reorganization, merger or consolidation, to which a holder of Common Stock would have been entitled on such reorganization, merger or consolidation. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 with respect to the rights of the Holder of this Warrant after the reorganization, merger or consolidation to the end that the provisions of this Section 3 (including adjustment of the Exercise Price then in effect and number of shares issuable upon exercise of this Warrant, as applicable) shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This subsection 3(d) shall similarly apply to successive reorganizations, mergers and consolidations.

Reorganizations, Mergers and Consolidations. If at any time or from time to time after the date hereof Issuance Date there is a reorganization of the Company Parent Issuer (other than a recapitalization, subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 31) or a merger or consolidation of the Company Parent Issuer with or into another corporationentity, then, as a part of such reorganization, merger or consolidation, provision shall be made so that the Holder holders of this Warrant the Notes thereafter shall be entitled to receive, upon exercise conversion of this Warrantthe Notes, the number of shares of stock or other securities or property of the CompanyParent Issuer, or of such successor corporation resulting from such reorganization, merger or consolidation, to which a holder of Common Stock deliverable upon conversion would have been entitled on such reorganization, merger or consolidation. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 1 with respect to the rights of the Holder holders of this Warrant the Notes after the reorganization, merger or consolidation to the end that the provisions of this Section 3 1 (including adjustment of the Exercise Conversion Price then in effect and number of shares issuable upon exercise conversion of this Warrant, as applicablethe Notes) shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This subsection 3(dSection 1(f) shall similarly apply to successive reorganizations, mergers and consolidations.

Reorganizations, Mergers and Consolidations. If at any time time, or from time to time time, after the date hereof Date of Issuance, there is a reorganization of the Company Corporation (other than a recapitalizationreclassification, subdivision, combination, reclassification exchange or exchange subdivision of shares provided for elsewhere in this Section 3) or a merger or consolidation of the Company Corporation with or into another corporation, then, as a part of such reorganization, merger or consolidation, provision shall be made so that the Holder holders of this Warrant the Series 1 Shares thereafter shall be entitled to receive, upon exercise conversion of this Warrantthe Series 1 Shares, the number of shares of stock or other securities or property of the CompanyCorporation, or of such successor corporation resulting from such reorganization, merger or consolidation, to which a holder of Common Stock Shares deliverable upon conversion would have been entitled on such reorganization, merger or consolidation. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 with respect to the rights of the Holder holders of this Warrant Series 1 Shares after the reorganization, merger or consolidation to the end that the provisions of this Section 3 (including adjustment of the Exercise Conversion Price then in effect and number of shares issuable upon exercise conversion of this Warrant, as applicablethe Series 1 Shares) shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This subsection 3(dSection 3(i) shall similarly apply to successive reorganizations, mergers and consolidations. EXHIBIT “C” CERTIFICATE OF U.S. ACCREDITED INVESTOR NOTE: THE PURCHASER SHOULD INDICATE BESIDE THE PORTION OF THE FOLLOWING DEFINITION APPLICABLE TO IT.

Reorganizations, Mergers and Consolidations. If at any time or from time to time after the date hereof Original Issue Date there is a reorganization of the Company (other than a recapitalization, subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 3) or a merger or consolidation of the Company with or into another corporationcorporation (except a Liquidation Event), then, as a part of such reorganization, merger or consolidation, provision shall be made so that the Holder of this Warrant thereafter shall be entitled to receive, upon exercise conversion of this WarrantNote, the number of shares of stock or other securities or property of the Company, or of such successor corporation resulting from such reorganization, merger or consolidation, to which a holder of Common Stock deliverable upon conversion would have been entitled on such reorganization, merger or consolidation. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 with respect to the rights of the Holder of this Warrant after the reorganization, merger or consolidation to the end that the provisions of this Section 3 (including adjustment of the Exercise Conversion Price then in effect and number of shares issuable upon exercise conversion of this Warrant, as applicableNote) shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This subsection 3(d) Section 3 shall similarly apply to successive reorganizations, mergers and consolidations.

Reorganizations, Mergers and Consolidations. If at any time or from time to time after the date hereof Issue Date there is a reorganization of the Company (other than a recapitalization, subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 32.02) or a merger or consolidation of the Company with or into another corporationcorporation (except a Liquidation Event), then, as a part of such reorganization, merger or consolidation, provision shall be made so that the Holder of this Warrant thereafter shall be entitled to receive, upon exercise conversion of this WarrantNote, the number of shares of stock or other securities or property of the Company, or of such successor corporation resulting from such reorganization, merger or consolidation, to which a holder of Common Stock deliverable upon conversion would have been entitled on such reorganization, merger or consolidation. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 3 2.02 with respect to the rights of the Holder of this Warrant after the reorganization, merger or consolidation to the end that the provisions of this Section 3 2.02 (including adjustment of the Exercise Conversion Price then in effect and number of shares issuable upon exercise conversion of this Warrant, as applicableNote) shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This subsection 3(d) Section 2.02 shall similarly apply to successive reorganizations, mergers and consolidations.