Common use of Consolidation, Amalgamation or Merger Clause in Contracts

Consolidation, Amalgamation or Merger. In the event that the Company shall be a party to any transaction, including without limitation any (i) recapitalization or reclassification of the Common Stock (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination of the Common Stock), (ii) any consolidation of the Company with, or merger of the Company into, any other person, any merger of another person into the Company (other than a merger which does not result in a reclassification, conversion, exchange or cancellation of all of the outstanding shares of Common Stock of the Company), (iii) any sale or transfer of all or substantially all of the assets of the Company, or (iv) any compulsory share exchange pursuant to which the Common Stock is converted into the right to receive other securities, cash or other Property, the Company will forthwith notify the Noteholder of such event in accordance with Condition 15 and, then lawful provision shall be made as part of the terms of such transaction whereby the Holder of the Note then Outstanding shall have the right (during the period in which such Note is convertible) to convert such Note into the class and amount of shares and other securities and property receivable upon such transaction by a holder of such number of shares of Common Stock which would have been liable to be issued upon conversion of such Note immediately prior to the transaction. So far as legally possible, the Company shall cause the Person formed by such consolidation or resulting from such merger or which acquired such assets or which acquired the Company's Shares, as the case may be, to execute and deliver to the Noteholder an amendment to these Terms and Conditions as provided for under Condition 17. Such amendment shall provide for adjustments which, for events subsequent to the effective date of such amendment, shall be as nearly equivalent as may be practicable to the adjustments provided for in this Condition. The above provisions of this Condition 6(C) shall similarly apply to successive transactions of the foregoing type.

Consolidation, Amalgamation or Merger. In Without prejudice to Condition 6(b)(x), in the event that the Company shall be a party to case of any transactionconsolidation, including without limitation any (i) recapitalization amalgamation or reclassification merger of the Common Stock Issuer with any other corporation (other than a change consolidation, amalgamation or merger in par valuewhich the Issuer is the continuing corporation), or from par value to no par value, or from no par value to par value, or as a result in the case of a subdivision or combination of the Common Stock), (ii) any consolidation of the Company with, or merger of the Company into, any other person, any merger of another person into the Company (other than a merger which does not result in a reclassification, conversion, exchange or cancellation of all of the outstanding shares of Common Stock of the Company), (iii) any sale or transfer of all all, or substantially all all, of the assets of the Company, or (iv) any compulsory share exchange pursuant to which the Common Stock is converted into the right to receive other securities, cash or other PropertyIssuer, the Company Issuer will forthwith notify the Noteholder Trustee and the Noteholders of such event and take such steps pursuant to and in accordance with Condition 15 and, then lawful provision Clause 15.2 of the Trust Deed as shall be made as part required to ensure the Surviving Entity shall assume all the payment and other obligations of the terms of such transaction whereby Issuer under the Holder of Trust Deed and the Notes and that each Note then Outstanding shall have the right outstanding will (during the period in which such Note is convertibleConversion Rights may be exercised) to convert such Note be convertible into the class and amount of shares and other securities and property receivable upon such transaction consolidation, amalgamation, merger, sale or transfer by a holder of such the number of shares of Common Stock Shares which would have been become liable to be issued upon conversion exercise of such Note Conversion Rights immediately prior to such consolidation, amalgamation, merger, sale or transfer. Any deed supplemental to or amending the transaction. So far as legally possible, Trust Deed pursuant to and in accordance with Clause 15.2 of the Company shall cause the Person formed by such consolidation or resulting from such merger or which acquired such assets or which acquired the Company's Shares, as the case may be, to execute and deliver to the Noteholder an amendment to these Terms and Conditions as provided for under Condition 17. Such amendment shall Trust Deed will provide for adjustments which, for events subsequent to the effective date of such amendment, shall which will be as nearly equivalent as may be practicable to the adjustments provided for in this ConditionCondition 6. The above provisions of this Condition 6(C6(m) shall similarly apply will apply, mutatis mutandis to successive transactions of the foregoing typeany subsequent consolidations, amalgamations, mergers, sales or transfers.

Consolidation, Amalgamation or Merger. In the event that the Company shall be a party to any transaction, including without limitation any (i) recapitalization or reclassification of the Common Stock (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination of the Common Stock), (ii) any consolidation of the Company with, or merger of the Company into, any other person, any merger of another person into the Company (other than a merger which does not result in a reclassification, conversion, exchange or cancellation of all of the outstanding shares of Common Stock of the Company), (iii) any sale or transfer of all or substantially all of the assets of the Company, or (iv) any compulsory share exchange pursuant to which the Common Stock is converted into the right to receive other securities, cash or other Property, the Company will forthwith notify the Noteholder Noteholders of such event in accordance with Condition 15 and, then lawful provision shall be made as part of the terms of such transaction whereby the Holder of the each Note then Outstanding shall have the right (during the period in which such Note is convertible) to convert such Note into the class and amount of shares and other securities and property receivable upon such transaction by a holder of such number of shares of Common Stock which would have been liable to be issued upon conversion of such Note immediately prior to the transaction. So far as legally possible, the Company shall cause the Person formed by such consolidation or resulting from such merger or which acquired such assets or which acquired the Company's ’s Shares, as the case may be, to execute and deliver to the Noteholder an amendment to these Terms and Conditions as provided for under Condition 17. Such amendment shall provide for adjustments which, for events subsequent to the effective date of such amendment, shall be as nearly equivalent as may be practicable to the adjustments provided for in this Condition. The above provisions of this Condition 6(C6(F) shall similarly apply to successive transactions of the foregoing type.

Consolidation, Amalgamation or Merger. In the event that the Company shall be a party to any transaction, including without limitation any (i) recapitalization or reclassification of the Common Stock (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination of the Common Stock), (ii) any consolidation of the Company with, or merger of the Company into, any other person, any merger of another person into the Company (other than a merger which does not result in a reclassification, conversion, exchange or cancellation of all of the outstanding shares of Common Stock of the Company), (iii) any sale or transfer of all or substantially all of the assets of the Company, or (iv) any compulsory share exchange pursuant to which the Common Stock is converted into the right to receive other securities, cash or other Property, the Company will forthwith notify the Noteholder Noteholders of such event in accordance with Condition 15 and, then lawful provision shall be made as part of the terms of such transaction whereby the Holder of the each Note then Outstanding shall have the right (during the period in which such Note is convertible) to convert such Note into the class and amount of shares and other securities and property receivable upon such transaction by a holder of such number of shares of Common Stock which would have been liable to be issued upon conversion of such Note immediately prior to the transaction. So far as legally possible, the Company shall cause the Person formed by such consolidation or resulting from such merger or which acquired such assets or which acquired the Company's Shares, as the case may be, to execute and deliver to the Noteholder an amendment to these Terms and Conditions as provided for under Condition 17. Such amendment shall provide for adjustments which, for events subsequent to the effective date of such amendment, shall be as nearly equivalent as may be practicable to the adjustments provided for in this Condition. The above provisions of this Condition 6(C6(F) shall similarly apply to successive transactions of the foregoing type.