Common use of Reorganization or Reclassification Clause in Contracts

Reorganization or Reclassification. Any recapitalization, reorganization or reclassification, in each case which is effected in such a way that the holders of Common Stock are entitled to receive (either directly or upon subsequent liquidation) stock, securities or assets with respect to or in exchange for Common Stock is referred to herein as “Organic Change.” Prior to the consummation of any Organic Change, the Company shall make appropriate provision (in form and substance reasonably satisfactory to the Required Holders) to insure that each of the holders shall thereafter have the right to acquire and receive, in lieu of or addition to (as the case may be) the shares of Common Stock immediately theretofore acquirable and receivable upon the exercise of such holder’s SPA Warrant, such shares of stock, securities or assets as would have been issued or payable in such Organic Change (if such holder had exercised its SPA Warrant immediately prior to such Organic Change) with respect to or in exchange for the number of shares of Common Stock immediately theretofore acquirable and receivable upon exercise of such holder’s SPA Warrant had such Organic Change not taken place. In any such case, the Company shall make appropriate provision (in form and substance reasonably satisfactory to the Required Holders) with respect to such holders’ rights and interests to insure that the provisions of this Section 2 and Section 3 hereof shall thereafter be applicable to the SPA Warrants.

Appears in 2 contracts

Samples: Registration Rights Agreement (I2 Technologies Inc), Registration Rights Agreement (I2 Technologies Inc)

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Reorganization or Reclassification. Any recapitalization, reorganization or reclassification, in each case which is effected in such a way that the holders of Common Stock Shares are entitled to receive (either directly or upon subsequent liquidation) stock, securities or assets with respect to or in exchange for Common Stock Shares is referred to herein as “Organic Change"ORGANIC CHANGE." Prior to the consummation of any Organic Change, the Company shall make appropriate provision (in form and substance reasonably satisfactory to the Required Holders) to insure that each of the holders Holders shall thereafter have the right to acquire and receive, in lieu of or addition to (as the case may be) the shares of Common Stock Shares immediately theretofore acquirable and receivable upon the exercise of such holder’s SPA Holder's Warrant, such shares of stock, securities or assets as would have been issued or payable in such Organic Change (if such the holder had exercised its SPA this Warrant immediately prior to such Organic Change) with respect to or in exchange for the number of shares of Common Stock immediately theretofore acquirable and receivable upon exercise of such holder’s SPA Holder's Warrant had such Organic Change not taken place. In any such case, the Company shall make appropriate provision (in form and substance reasonably satisfactory to the Required Holders) with respect to such holders’ Holders' rights and interests to insure that the provisions of this Section 2 and Section Sections 3 and 4 hereof shall thereafter be applicable to the SPA WarrantsWarrant.

Appears in 1 contract

Samples: Securities Purchase Agreement (Clearwire Corp)

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Reorganization or Reclassification. Any recapitalization, reorganization or reclassification, in each case which is effected in such a way that the holders of Class A Common Stock Shares are entitled to receive (either directly or upon subsequent liquidation) stock, securities or assets with respect to or in exchange for Class A Common Stock Shares is referred to herein as “Organic Change.” Prior to the consummation of any Organic Change, the Company shall make appropriate provision (in form and substance reasonably satisfactory to the Required Holders) to insure that each of the holders Holders shall thereafter have the right to acquire and receive, in lieu of or addition to (as the case may be) the shares of Class A Common Stock Shares immediately theretofore acquirable and receivable upon the exercise of such holderHolder’s SPA Warrant, such shares of stock, securities or assets as would have been issued or payable in such Organic Change (if such the holder had exercised its SPA this Warrant immediately prior to such Organic Change) with respect to or in exchange for the number of shares of Common Stock immediately theretofore acquirable and receivable upon exercise of such holderHolder’s SPA Warrant had such Organic Change not taken place. In any such case, the Company shall make appropriate provision (in form and substance reasonably satisfactory to the Required Holders) with respect to such holdersHolders’ rights and interests to insure that the provisions of this Section 2 and Section Sections 3 and 4 hereof shall thereafter be applicable to the SPA WarrantsWarrant.

Appears in 1 contract

Samples: Securities Purchase Agreement (Clearwire Corp /DE)

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