Common use of Reclassification or Merger Clause in Contracts

Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpired, in case of any reclassification, change or conversion of securities of the class issuable upon exercise of this Warrant (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), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant (in form and substance reasonably satisfactory to the Investor) providing that the Investor shall have the right to exercise such new Warrant and upon such exercise to receive, in lieu of each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of one share of Common Stock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph 5. The provisions of this subparagraph (a) shall similarly apply to successive reclassification, changes, mergers and transfers by the Company or any success or purchasing corporation.

Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpired, in In case of any reclassification, reclassification or change or conversion of securities of the class issuable upon exercise of this Warrant (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), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is a continuing the acquiring and the surviving corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, Company shall execute a new Warrant (in form and substance reasonably satisfactory to the Investor) providing make appropriate provision so that the Investor Holder of this Warrant shall have the right to receive upon exercise such new Warrant of this Warrant, at an aggregate Exercise Price not to exceed that payable upon the exercise of the unexercised portion of this Warrant, and upon such exercise to receive, in lieu of each share of Common Stock the Shares theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stockshares, other securities, money and property receivable upon such reclassification, change change, merger or merger sale by a holder Holder of one share the number of Common Stock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in Shares then purchasable under this Paragraph 5Warrant. The provisions of this subparagraph (a) shall similarly apply to all successive reclassificationreclassifications, or changes, mergers mergers, sale of assets and transfers by the Company or any success or purchasing corporationother transfers.

Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpired, in case of any reclassification, change or conversion of securities of the class issuable upon exercise of this Warrant (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), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant (in form and substance reasonably satisfactory to the Investor) providing that the Investor shall have the right to exercise such new Warrant and upon such exercise to receive, in lieu of each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of one share of Common Stock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph 5. The provisions of this subparagraph (a) shall similarly apply to successive reclassification, changes, mergers and transfers by the Company or any success successor or purchasing corporation.

Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpired, in In case of any reclassification, reclassification or change or conversion of securities of the class issuable upon exercise of this a Warrant (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), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is a continuing the acquiring and the surviving corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrantthe Warrants), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, Company shall execute a new Warrant (in form and substance reasonably satisfactory to the Investor) providing make appropriate provision so that the Investor Holder of each Warrant shall have the right to receive upon exercise of such new Warrant Warrant, at an aggregate Exercise Price not to exceed that payable upon the exercise of the unexercised portion of such Warrant, and upon such exercise to receive, in lieu of each share of Common Stock the Shares theretofore issuable upon exercise of this such Warrant, the kind and amount of shares of stockshares, other securities, money and property receivable upon such reclassification, change change, merger or merger sale by a holder Holder of one share the number of Common Stock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph 5Shares then purchasable under such Warrant. The provisions of this subparagraph (a) shall similarly apply to all successive reclassificationreclassifications, or changes, mergers mergers, sale of assets and transfers by the Company or any success or purchasing corporationother transfers.