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 Original Issue Date there is a reorganization of the Corporation (other than a recapitalization, subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 5) or a merger or consolidation of the Corporation with or into another corporation (except an event which is governed under Section 3.3), then, as a part of such reorganization, merger or consolidation, provision shall be made so that the holders of the Series A Preferred Stock thereafter shall be entitled to receive, upon conversion of the Series A Preferred Stock, the number of shares of stock or other securities or property of the Corporation, 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 5 with respect to the rights of the holders of the Preferred Stock after the reorganization, merger or consolidation to the end that the provisions of this Section 5 (including adjustment of the Conversion Price then in effect and number of shares issuable upon conversion of the Series A Preferred Stock) shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This Section 5.7 shall similarly apply to successive reorganizations, mergers and consolidations.

Reorganizations, Mergers and Consolidations. If at any time or from time to time after the Original Issue Date there is a reorganization of the Corporation (other than a recapitalization, subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 5) or a merger or consolidation of the Corporation with or into another corporation (except an event which is governed under Section subsection 3.3), then, as a part of such reorganization, merger or consolidation, provision shall be made so that the holders of the Series A Preferred Stock thereafter shall be entitled to receive, upon conversion of the Series A Preferred Stock, the number of shares of stock or other securities or property of the Corporation, 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 5 with respect to the rights of the holders of the Preferred Stock after the reorganization, merger or consolidation to the end that the provisions of this Section 5 (including adjustment of the Conversion Price then in effect and number of shares issuable upon conversion of the Series A Preferred Stock) shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This Section subsection 5.7 shall similarly apply to successive reorganizations, mergers and consolidations.

Reorganizations, Mergers and Consolidations. If If, at any time or from time to time after the Original Issue Date time, there is (a) a capital reorganization of the Corporation Common Stock (other than a recapitalization, subdivision, combination, reclassification reclassification, exchange or exchange substitution of shares provided for elsewhere in this Section 56) or (b) a consolidation or merger (other than where the Company is the continuing corporation after such consolidation or merger and each share of Common Stock outstanding immediately prior to such consolidation of the Corporation with or into another corporation merger is to remain outstanding immediately after such consolidation or merger) (except an event which is governed under Section 3.3each a “Reorganization”), then, as a part of such reorganization, merger or consolidation, Reorganization provision shall be made so that the holders of the Series A Preferred Stock Holder shall thereafter shall be entitled to receive, receive upon conversion exercise of the Series A Preferred Stock, Warrant the number of shares of stock or other securities or property of the Corporation, or of such successor corporation resulting from such reorganization, merger or consolidation, to which a holder of the maximum number of shares of Common Stock deliverable upon conversion exercise of the Warrant would have been entitled on in connection with such reorganizationReorganization, merger subject to adjustment in respect of such stock or consolidationsecurities by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 5 6 with respect to the rights of the holders of the Preferred Stock Holder after the reorganization, merger or consolidation Reorganization to the end that the provisions of this Section 5 6 (including adjustment of the Conversion Warrant Price then in effect and the number of shares of Warrant Stock issuable upon conversion exercise of the Series A Preferred StockWarrant) shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This Section 5.7 shall similarly apply to successive reorganizations, mergers and consolidations.

Reorganizations, Mergers and Consolidations. If at any time or from time to time after the Original Issue Date there is a reorganization of the Corporation Issuer (other than a recapitalization, subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 56) or a merger or consolidation of the Corporation Issuer with or into another corporation (except an event which is governed under Section 3.3)corporation, then, as a part of such reorganization, merger or consolidation, provision shall be made so that the holders of the Series A Preferred Stock Holder thereafter shall be entitled to receive, upon conversion of the Series A Preferred Stockthis Note, the number of shares of stock or other securities or property of the CorporationIssuer, 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 5 6(c)(iii) with respect to the rights of the holders of the Preferred Stock Holder after the reorganization, merger or consolidation to the end that the provisions of this Section 5 (including adjustment of the Conversion Price then in effect and number of shares issuable upon conversion of the Series A Preferred Stock) 6 shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This Section 5.7 6(c)(iii) shall similarly apply to successive reorganizations, mergers and consolidations.

Reorganizations, Mergers and Consolidations. If at any time or from time to time after the Original Issue Date hereafter there is a reorganization of the Corporation Company (other than a recapitalization, subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 5Section.6) or a merger or consolidation of the Corporation Company with or into another corporation Company (except an event which is governed under Section 3.3a Liquidation Event), then, as a part of such reorganization, merger or consolidation, provision shall be made so that the holders of the Series A D Preferred Stock thereafter shall be entitled to receive, upon conversion of the Series A D Preferred Stock, the number of shares of stock or other securities or property of the CorporationCompany, or of such successor corporation Company 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 5 6 with respect to the rights of the holders of the Series D Preferred Stock after the reorganization, merger or consolidation to the end that the provisions of this Section 5 6 (including adjustment of the Series D Preferred Stock Conversion Price Formula then in effect and number of shares issuable upon conversion of the Series A D Preferred Stock) shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This Section 5.7 6 shall similarly apply to successive reorganizations, mergers and consolidations.

Reorganizations, Mergers and Consolidations. If at any time or from time to time after the Original Issue Date there is a capital reorganization of the Corporation Company (other than a recapitalization, subdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section 5) or a merger or consolidation of the Corporation Company with or into another corporation (except an event which is governed under Section subsection 3.3), then, as a part of such reorganization, merger or consolidation, provision shall be made so that the holders of the Series A Preferred Stock thereafter shall be entitled to receive, upon conversion of the Series A Preferred Stock, the number of shares of stock or other securities or property of the CorporationCompany, 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 5 with respect to the rights of the holders of the Series A Preferred Stock after the reorganization, merger or consolidation to the end that the provisions of this Section 5 (including adjustment of the Conversion Price then in effect and number of shares issuable upon conversion of the Series A Preferred Stock) shall be applicable after that event and be as nearly equivalent to the provisions hereof as may be practicable. This Section subsection 5.7 shall similarly apply to successive reorganizations, mergers and consolidations.