Reorganizations, Mergers, Consolidations or Sales of Assets Sample Clauses

Reorganizations, Mergers, Consolidations or Sales of Assets. If at ----------------------------------------------------------- any time or from time to time on or after the Original Issuance Date there is a capital reorganization of the Common Stock (other than a recapitalization, subdivision, combination, reclassification or exchange of shares provided for elsewhere in this SECTION 4) or a merger or ---------- consolidation of the Company with or into another corporation, or the sale of all or substantially all of the Company's properties and assets to any other person, then, as a part of such reorganization, merger, consolidation or sale, provision shall be made so that the Holders of the Warrants shall thereafter be entitled to receive upon exercise of the Warrants the number of shares of stock or other securities or property to which a holder of the number of shares of Common Stock deliverable upon conversion would have been entitled on such capital reorganization, merger, consolidation, or sale. In any such case, appropriate adjustment shall be made in the application of the provisions of this SECTION4 with respect to the rights of the Holders of the Warrants after the reorganization, merger, consolidation or sale to the end that the provisions of this SECTION 4 (including adjustment of the Purchase Price then in effect and the number of shares to be received upon exercise of the Warrants) shall be applicable after that event and be as nearly equivalent as may be practicable.
Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the Original Issue Date, there is a capital reorganization of the Common Stock (other than an Acquisition or Asset Transfer as defined in Section 3(b) or a recapitalization, subdivision, combination, reclassification, exchange or substitution of shares provided for elsewhere in this Section 4), as a part of such capital reorganization, provision shall be made so that the holders of the Series A Preferred shall thereafter be entitled to receive upon conversion of the Series A Preferred the number of shares of stock or other securities or property of the Company to which a holder of the number of shares of Common Stock deliverable upon conversion would have been entitled on such capital reorganization, subject to adjustment in respect of such stock or securities by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section 4 with respect to the rights of the holders of Series A Preferred after the capital reorganization to the end that the provisions of this Section 4 (including adjustment of the Series A Preferred Conversion Price then in effect and the number of shares issuable upon conversion of the Series A Preferred) shall be applicable after that event and be as nearly equivalent as practicable.
Reorganizations, Mergers, Consolidations or Sales of Assets. If any of the following transactions (each a "Special Transaction") shall become effective: (a) a capital reorganization (other than a subdivision or combination of shares or a stock dividend, stock split, recapitalization or reclassification, or an exchange of shares or a substitution or other change, provided for elsewhere in this Article 3); (b) a consolidation or merger of Stores with and into another entity (where Stores is not the surviving entity or where there is a change in, or distribution with respect to, the Common Shares); or (c) a sale or conveyance of all or substantially all of Stores' assets, then, as a condition of the Special Transaction, lawful and adequate provision shall be made so that the Lenders and/or Holders shall thereafter have the right to purchase and receive upon exercise of this Warrant, in lieu of the Warrant Shares immediately theretofore issuable upon exercise of this Warrant, such shares of stock, other securities, cash or other assets (collectively, "Other Property") as may be issued or payable in, or pursuant to, the terms of such Special Transaction to the holders of Common Shares for which this Warrant could have been exercised immediately prior to such Special Transaction. Stores shall not effect any Special Transaction unless prior to, or simultaneously with, the closing, the successor entity (if other than Stores) resulting from such consolidation or merger, or the entity acquiring such assets, shall assume by a written instrument executed and mailed by certified mail or delivered to the Lenders and/or Holders at the address(es) of the Lenders and/or Holders appearing on the books of Stores, the obligation of Stores or such successor entity to deliver to the Lenders and/or Holders such Other Property, as in accordance with the foregoing provisions, upon the exercise of this Warrant.
Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time there is a capital reorganization of the Common Stock (other than a subdivision, combination, recapitalization, reclassification or exchange of the Common Stock provided for elsewhere in this Section 2) or merger or consolidation of the Company with or into another corporation, or a sale of all or substantially all of the Company's properties and assets to any person then, as a part of such reorganization, merger, consolidation or sale, provision shall be made so that the Holder shall thereafter be entitled to receive, upon exercise of the Option, or any portion hereof, (and only to the extent the Option is exercised), the number of shares of stock or other securities or property of the Company, or of the successor corporation resulting from such merger or consolidation or sale, to which a holder of Common Stock, or other securities, deliverable upon the exercise of this Option, or any portion hereof, would otherwise have been entitled on such capital reorganization, merger, consolidation, or sale.
Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the Original Issue Date, there is a capital reorganization of the Common Stock (other than a recapitalization, subdivision, combination, reclassification, exchange or substitution of shares), as a part of such capital reorganization, provision shall be
Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the Effective Time, there is a capital reorganization of the Common Stock, merger, consolidation or sale of assets (other than an Acquisition or Asset Transfer (as defined in Section (2)(i)) that is deemed a liquidation pursuant to Section (2)(i) and pursuant to which the holders of the Preferred Stock receive the applicable liquidation preferences therefor, or a recapitalization, subdivision, combination, reclassification, exchange or substitution of shares provided for elsewhere in this Section (4)), as a part of such capital reorganization, merger, consolidation or sale of assets, provision shall be made so that the holders of the Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series F Preferred Stock, Series G Preferred Stock, Series H Preferred Stock and Series I Preferred Stock shall thereafter be entitled to receive upon conversion of the Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series F Preferred Stock, Series G Preferred Stock, Series H Preferred Stock and Series I Preferred Stock the number of shares of stock or other securities or property of the Corporation or third party entity to which a holder of the number of shares of Common Stock deliverable upon conversion would have been entitled on such capital reorganization, merger, consolidation or sale of assets, subject to adjustment in respect of such stock or securities by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section (4) with respect to the rights of the holders of Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series F Preferred Stock, Series G Preferred Stock, Series H Preferred Stock and Series I Preferred Stock after the capital reorganization, merger, consolidation or sale of assets to the end that the provisions of this Section (4) (including adjustment of the Preferred Stock Price then in effect and the number of shares issuable upon conversion of the Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series F Preferred Stock, Series G Preferred Stock, Series H Preferred Stock and Series I Preferred Stock) shall be applicable after that event and be as nearly equivalent as practicable.
Reorganizations, Mergers, Consolidations or Sales of Assets. If any capital reorganization, reclassification, recapitalization, consolidation, merger, sale of all or substantially all of the Corporation’s assets or other similar transaction (any such transaction being referred to herein as an “Organic Change”) shall be effected in such a way that holders of Common Stock shall be entitled to receive (either directly or upon subsequent liquidation) stock, securities or assets in respect of or in exchange for their shares of Common Stock, then, as a condition of such Organic Change, lawful and adequate provisions shall be made whereby each Holder shall thereupon have the right to receive, upon the basis and upon the terms and conditions specified herein and in lieu of the shares of Common Stock immediately theretofore receivable upon the conversion of such Holder’s shares of Series A Preferred, such shares of stock, securities or assets as may be issued or payable in respect of or in exchange for the number of outstanding shares of Common Stock that would have been immediately theretofore receivable upon conversion of such Holder’s shares of Series A Preferred had such Organic Change not taken place, and in the case of any reorganization or reclassification appropriate provisions shall be made with respect to the rights and interests of such Holder whereby the provisions hereof (including, without limitation, provisions for adjustments to the Conversion Price) shall thereafter be applicable, as nearly as may be, in relation to any shares of stock, securities or assets thereafter deliverable upon the exercise of such conversion rights.
Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the Filing Date there is a capital reorganization of the Common Stock (other than a recapitalization, division, combination, reclassification or exchange of shares provided for elsewhere in this Article IV.F or a merger or consolidation of this Corporation into or with another corporation or a sale of all or substantially all of this Corporation's properties and assets to any other person, then, as a part of such capital reorganization, merger, consolidation or sale, provision shall be made so that the holders of outstanding shares of Series A Stock shall thereafter receive upon conversion thereof the number of shares of Stock or other securities or property of this Corporation, or of the successor corporation resulting from such merger or consolidation or sale, to which a holder of the number of shares of Common Stock into which their shares of Series A Stock were convertible would have been entitled on such capital reorganization, merger, consolidation or sale. In any such case, appropriate adjustment shall be made in the application of the provisions of this Article IV.F with respect to the rights of the holders of the outstanding shares of Series A Stock after such capital reorganization, merger, consolidation, or sale. The provisions of this Article IV.F (including adjustment of the Series A Conversion Price and the number of shares into which the outstanding shares of Series A Stock may be converted) shall be applicable after that event and be as nearly equivalent to such Conversion Prices and number of shares as may be practicable.
Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the Original Issue Date, there is a capital reorganization of the Common Stock (other than an Acquisition or Asset Transfer as defined in Section (2)(g) or a recapitalization, subdivision, combination, reclassification, exchange or substitution of shares provided for elsewhere in this Section (4), as a part of such capital reorganization, provision shall be made so that the holders of the Series B Preferred Stock and Series C Preferred Stock shall thereafter be entitled to receive upon conversion of the
Reorganizations, Mergers, Consolidations or Sales of Assets. If at any time or from time to time after the effective date of these Third Amended and Restated Articles of Incorporation, there is a capital reorganization of the Common Stock (other than an Acquisition or Asset Transfer as defined in Section 3(c) or a recapitalization, subdivision, combination, reclassification, exchange or substitution of shares provided for elsewhere in this 110