Common use of Reorganizations, Mergers, Consolidations or Sales of Assets Clause in Contracts

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 Section D) 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 C 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 C 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 Section D with respect to the rights of the holders of the outstanding shares of Series C Stock after the capital reorganization, merger, consolidation, or sale to the end that the provisions of this Section D (including adjustment of the Series B Conversion Price and the number of shares into which the shares of Series B 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. IfSubject to the provisions hereof applicable to any Change of Control, at any time or from time to time after the Filing Date, if there is a capital reorganization of the Common Stock common shares (other than a recapitalization, divisionsubdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section D1(e)) or a merger or consolidation of this the Corporation with or into another corporation, or with another corporation or a the sale of all or substantially all of this the Corporation's ’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 the Series A Preferred Shares shall thereafter be entitled to receive, upon the conversion for common shares of such Series C Stock shall thereafter receive upon conversion thereof A Preferred Shares, 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 common shares of Common Stock into which their shares of Series C Stock were convertible issuable upon such conversion would have been entitled on such capital reorganization, merger, consolidation or sale. In any such case, an appropriate adjustment shall be made in the application of the provisions of this Section D 1(e) with respect to the rights of the holders of the outstanding shares of such Series C Stock A Preferred Shares after the capital reorganization, merger, consolidation, consolidation or sale to the end that the provisions of this Section D 1(e) (including adjustment of the Series B Conversion Price then in effect and the number of shares into which the shares issuable upon conversion of such Series B Stock may be convertedA Preferred Shares) 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 Filing Date, there is a capital reorganization of the Common Stock (other than a recapitalization, division, combination, reclassification reclass ification or exchange of shares provided for elsewhere in this Section DF) 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 the outstanding shares of Series C A Stock and the holders of the outstanding shares of Series B 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 C A Stock and Series B 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 Section D F with respect to the rights of the holders of the outstanding shares of Series C A Stock and Series B Stock after the capital reorganization, merger, consolidation, or sale to the end that the provisions of this Section D F (including adjustment of the Series A Conversion Price and Series B Conversion Price and the number of shares into which the shares of Series A Stock and Series B 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, If at any time or from time to time after the Filing Series A2 Preferred Original Issue 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 Section D) or a merger or consolidation of this Corporation into or with another corporation the Company with, or a sale of all or substantially all of this Corporationthe Company's properties and assets to any other to, another person, thencorporation or other entity (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 Section 4), as a part of such capital reorganization, merger, consolidation or salesale of assets, provision shall be made so that the holders of outstanding shares of the Series C Stock A2 Preferred shall thereafter be entitled to receive upon conversion thereof of the Series A2 Preferred 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, Company to which a holder of the number of shares of Common Stock into which their shares of Series C Stock were convertible deliverable upon conversion would have been entitled on such capital reorganization, merger, consolidation subject to adjustment in respect of such stock or salesecurities by the terms thereof. In any such case, appropriate adjustment shall be made in the application of the provisions of this Section D 4 with respect to the rights of the holders of the outstanding shares of Series C Stock A2 Preferred after the capital reorganization, merger, consolidation, or sale reorganization to the end that the provisions of this Section D 4 (including adjustment of the Series B A2 Preferred Conversion Price then in effect and the number of shares into which issuable upon conversion of the shares of Series B Stock may be convertedA2 Preferred) 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, If at any time or from time to time after the Filing Date, 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 Section D) 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 C A Stock shall thereafter receive upon conversion thereof the number of shares of stock 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 C 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 Section D Article IV.F with respect to the rights of the holders of the outstanding shares of Series C A Stock after the such capital reorganization, merger, consolidation, or sale to the end that the sale. The provisions of this Section D Article IV.F (including adjustment of the Series B A Conversion Price and the number of shares into which the outstanding shares of Series B 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. IfIf any capital reorganization, at any time or from time to time after the Filing Datereclassification, there is a capital reorganization of the Common Stock (other than a recapitalization, divisionconsolidation, combinationmerger, reclassification or exchange of shares provided for elsewhere in this Section D) 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 the Company’s assets or other similar transaction (any such transaction being referred to any other personherein as an “Organic Change”) shall be effected in such a way that Common Members shall be entitled to receive (either directly or upon subsequent liquidation) stock, securities or assets with respect to or in exchange for Common Units, then, as a part condition of such capital reorganizationOrganic Change, merger, consolidation or sale, provision lawful and adequate provisions shall be made so that whereby each Series A Preferred Member and Series C Preferred Member shall thereupon have the holders right to receive, upon the basis and upon the terms and conditions specified herein and in lieu of the Common Units immediately theretofore receivable upon the conversion of Units such shares of stock, securities or assets as may be issued or payable with respect to or in exchange for a number of outstanding shares of Series C Stock shall thereafter receive upon conversion thereof Common Units equal to the number of shares Common Units immediately theretofore receivable upon such conversion had such Organic Change not taken place, and in any case of stock a reorganization 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 C Stock were convertible would have been entitled on such capital reorganization, merger, consolidation or sale. In any such case, reclassification only appropriate adjustment provisions shall be made in the application of the provisions of this Section D with respect to the rights and interests of the holders of the outstanding shares of Series C Stock after the capital reorganization, merger, consolidation, or sale such holder to the end that the provisions of this Section D hereof (including adjustment provisions for adjustments of the Series B Common Unit Conversion Price and the number of shares into which the Series C Conversion Price) shall thereafter be applicable, as nearly as may be, in relation to any shares of Series B Stock may be converted) shall be applicable after that event and be as nearly equivalent to stock, securities or assets thereafter deliverable upon the exercise of such Conversion Prices and number of shares as may be practicableconversion rights.

Reorganizations, Mergers, Consolidations or Sales of Assets. IfSubject to the provisions hereof applicable to any Change of Control, at any time or from time to time after the Filing Date, if there is a capital reorganization of the Common Stock common shares (other than a recapitalization, divisionsubdivision, combination, reclassification or exchange of shares provided for elsewhere in this Section D1(e)) or a merger or consolidation of this the Corporation with or into another corporation, or with another corporation or a the sale of all or substantially all of this the Corporation's ’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 the Series A Preferred Shares shall thereafter be entitled to receive, upon the conversion for common shares of such Series C Stock shall thereafter receive upon conversion thereof A Preferred Shares, 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 common shares of Common Stock into which their shares of Series C Stock were convertible issuable upon such conversion would have been entitled on such capital reorganization, merger, consolidation or sale. In any such case, an appropriate adjustment shall be made in the application of the provisions of this Section D 1(e) with respect to the rights of the holders of the outstanding shares of such Series C Stock A Preferred Shares after the capital reorganization, merger, consolidation, consolidation or sale to the end that the provisions of this Section D 1(e) (including adjustment of the Series B Conversion Price then in effect and the number of shares into which the shares issuable upon conversion of such Series B Stock may be convertedA Preferred. Shares) shall be applicable after that event and be as nearly equivalent to such Conversion Prices and number of shares as may be practicable.