Common use of Capital Reorganizations Clause in Contracts

Capital Reorganizations. If there shall be any conversion, consolidation or merger to which Company is a party, or any sale or conveyance of the property of Company as an entirety or substantially as an entirety, or any recapitalization of Company (any such event being called a “Capital Reorganization”), then, effective upon the effective date of such Capital Reorganization, the Holder shall no longer have the right to purchase Company’s shares of Common Stock, but shall have instead the right to purchase, upon exercise of this Warrant, the kind and amount of shares of common stock and other securities and property (including cash) which the Holder would have owned or have been entitled to receive pursuant to such Capital Reorganization if this Warrant had been exercised immediately prior to the effective date of such Capital Reorganization. As a condition to effecting any Capital Reorganization, Company or the successor or surviving entity, as the case may be, shall execute and deliver to each Warrantholder and to the Warrant Agency an agreement as to the Warrantholder’s rights in accordance with this Section 4.5, providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.5 shall similarly apply to successive Capital Reorganizations.

Capital Reorganizations. If there shall be any conversion, consolidation or merger to which the Company is a party, other than a consolidation or a merger in which the Company is the continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization) in, outstanding shares of the same class as the Warrant Shares, or any sale or conveyance of the property of the Company as an entirety or substantially as an entirety, or any recapitalization of the Company (any such event being called a “"Capital Reorganization”"), then, effective upon the effective date of such Capital Reorganization, the Holder shall no longer have the right to purchase Company’s shares of Common Stockthe Warrant Shares, but shall have instead the right to purchase, upon exercise of this Warrant, the kind and amount of shares of common stock and other securities and property (including cash) which the Holder would have owned or have been entitled to receive pursuant to such Capital Reorganization if this Warrant had been exercised immediately prior to the effective date of such Capital Reorganization. As a condition to effecting any Capital Reorganization, the Company or the successor or surviving entitycorporation, as the case may be, shall execute and deliver to each Warrantholder and to the Warrant Agency Company an agreement as to the Warrantholder’s 's rights in accordance with this Section 4.55.3, providing, to the extent of any right to purchase equity securities hereunder, for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. V. The provisions of this Section 4.5 5.3 shall similarly apply to successive Capital Reorganizations.

Capital Reorganizations. If there shall be any conversion, consolidation or merger to which the Company is a party, other than a consolidation or a merger in which the Company is a continuing corporation and which does not result in any reclassification of, or change (other than a Common Stock Reorganization or a change in par value) in, outstanding shares of Common Stock, or any sale or conveyance of the property of the Company as an entirety or substantially as an entirety, entirety or any recapitalization other transaction in which all of the existing stockholders of the Company sell or exchange their shares (any such event being called a “Capital Reorganization”"CAPITAL REORGANIZATION"), then, effective upon the effective date of such Capital Reorganization, the Holder shall no longer have the right to purchase Company’s shares of Common Stock, but shall have instead the right to purchase, upon exercise of this Warrant, the kind and amount of shares of common stock and other securities and property (including cash) which the Holder would have owned or have been entitled to receive pursuant to after such Capital Reorganization if this Warrant had been exercised immediately prior to the effective date of such Capital Reorganization, with the intention being that the Holders shall participate in such Capital Reorganization on the same terms and conditions as the then existing stockholders if the Company). As a condition to effecting any Capital Reorganization, the Company or the successor or surviving entitycorporation, as the case may be, shall execute and deliver to each Warrantholder and to the Warrant Agency an agreement as to the Warrantholder’s Warrantholders' rights in accordance with this Section 4.5, providing, to the extent of any right to purchase equity securities hereunder, providing for subsequent adjustments as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.5 shall similarly apply to successive Capital Reorganizations.