Common use of Reorganizations and Asset Sales Clause in Contracts

Reorganizations and Asset Sales. Upon any consolidation or merger of the Company with another corporation, or the sale of all or substantially all of its assets to another corporation (each, a "Combination"), the Company shall enter into an agreement with the surviving or acquiring Person (the "Successor Company") in such Combination confirming the Holder's rights pursuant to this Warrant and providing for the continuation after such Combination of the adjustments provided for in this Warrant, to the end that the Warrant shall effectively be converted into a Warrant of the acquirer on terms set forth herein. Following a Combination, the Warrant shall be exercisable for such number of shares of stock or other securities or property (including cash) to which the Common Stock issuable upon exercise of the Warrant (at the time of such Combination) would have been exchanged for pursuant to such Combination had such Common Stock been outstanding. For example, if the Company is acquired in a transaction in which each share of Common Stock is converted into the right to receive two shares of the acquirer's stock and this Warrant, after giving effect to any other adjustment hereunder (including, without limitation, any adjustment under other provisions of this Section 2, whether in respect of such Combination or otherwise), is then exercisable for 1,000 shares of Common Stock, the Company would enter into an agreement with the acquirer providing that the Warrant would be exercisable for 2,000 shares of the acquirer's stock and which would include the adjustment provisions provided in this Agreement, effectively converting the Warrant into warrants of the acquirer. The provisions of this Section shall similarly apply to successive Combinations involving any Successor Company.

Reorganizations and Asset Sales. Upon any consolidation or merger of the Company with another corporation, or the sale of all or substantially all of its assets to another corporation (each, a "“Combination"”), the Company shall enter into an agreement with the surviving or acquiring Person (the "“Successor Company"”) in such Combination confirming the Holder's ’s rights pursuant to this Warrant and providing for the continuation after such Combination of the adjustments provided for in this Warrant, to the end that the Warrant shall effectively be converted into a Warrant of the acquirer on terms set forth herein. Following a Combination, the Warrant shall be exercisable for such number of shares of stock or other securities or property (including cash) to which the Common Stock issuable upon exercise of the Warrant (at the time of such Combination) would have been exchanged for pursuant to such Combination had such Common Stock been outstanding. For example, if the Company is acquired in a transaction in which each share of Common Stock is converted into the right to receive two shares of the acquirer's ’s stock and this Warrant, after giving effect to any other adjustment hereunder (including, without limitation, any adjustment under other provisions of this Section 2, whether in respect of such Combination or otherwise), is then exercisable for 1,000 shares of Common Stock, the Company would enter into an agreement with the acquirer providing that the Warrant would be exercisable for 2,000 shares of the acquirer's ’s stock and which would include the adjustment provisions provided in this Agreement, effectively converting the Warrant into warrants of the acquirer. The provisions of this Section shall similarly apply to successive Combinations involving any Successor Company.

Reorganizations and Asset Sales. Upon any consolidation or merger of the Company with another corporation, or the sale of all or substantially all of its assets to another corporation (each, a "Combination"), the Company shall enter into an agreement with the surviving or acquiring Person (the "Successor Company") in such Combination confirming the Holder's conversion rights pursuant to this Warrant Note and providing for the continuation after such Combination of the adjustments provided for in this WarrantNote, to the end that the Warrant shall effectively be converted into effective upon a Warrant of the acquirer on terms set forth herein. Following a CombinationCombination and subject to further adjustment thereafter, the Warrant this Note shall be exercisable for convertible into such number of shares of stock or other securities or property (including cash) to which the Common Stock issuable upon exercise conversion of the Warrant this Note (at the time of such Combination) would have been exchanged for pursuant to such Combination had such Common Stock been outstanding. For example, if the Company is acquired in a transaction in which each share of Common Stock is converted into the right to receive two shares of the acquirer's stock and this WarrantNote, after giving effect to any other adjustment hereunder (including, without limitation, any adjustment under other provisions of this Section 23, whether in respect of such Combination or otherwise), is then exercisable for convertible into 1,000 shares of Common Stock, the Company would enter into an agreement with the acquirer providing that the Warrant this Note would be exercisable for convertible into 2,000 shares of the acquirer's stock and which would include the adjustment provisions provided in this Agreement, effectively converting the Warrant Note (only for this purpose) into warrants a Note of the acquirer. The provisions of this Section shall similarly apply to successive Combinations involving any Successor Company.

Reorganizations and Asset Sales. Upon any consolidation or merger of the Company with another corporation, or the sale of all or substantially all of its assets to another corporation (other than a consolidation or merger in which the Company is the continuing corporation) (each, a "Combination"), the Company shall enter into an agreement with the surviving or acquiring Person (the "Successor Company") in such Combination confirming the Holder's rights pursuant to this Warrant and providing for the continuation after such Combination of the adjustments provided for in this Warrant, to the end that the Warrant shall effectively be converted into a Warrant of the acquirer Successor Company on the terms set forth herein. Following a Combination, the Warrant shall be exercisable for such number of shares of stock or other securities or property (including cash) to which the Common Stock Shares issuable upon the exercise of the Warrant (at the time of such Combination) would have been exchanged for pursuant to such Combination had such Common Stock Shares been outstanding. For example, if the Company is acquired in a transaction in which each share of its Common Stock Shares is converted into the right to receive two shares of the acquirer's common stock of the Successor Company and this Warrant, after giving effect to any other adjustment adjustments hereunder (including, without limitation, adjustments under any adjustment under of the other provisions of this Section 2, whether in respect of such Combination or otherwise), is then exercisable for 1,000 shares of Common Stockcommon stock of the Successor Company, the Company would enter into an agreement with the acquirer Successor Company providing that the Warrant would be exercisable for 2,000 shares of the acquirerSuccessor Company's stock and common stock, which agreement would include the adjustment provisions provided in this Agreement, effectively converting the Warrant into warrants of the acquirerSuccessor Company. The provisions of this Section shall similarly apply to successive Combinations involving any Successor Company.

Reorganizations and Asset Sales. Upon any consolidation or merger of the Company with another corporation, or the sale of all or substantially all of its assets to another corporation (each, a "“Combination"”), the Company shall enter into an agreement with the surviving or acquiring Person (the "“Successor Company"”) in such Combination confirming the Holder's ’s rights pursuant to this Warrant and providing for the continuation after such Combination of the adjustments provided for in this Warrant, to the end that the Warrant shall effectively be converted into a Warrant of the acquirer on terms set forth herein. Following a Combination, the Warrant shall be exercisable for such number of shares of stock or other securities or property (including cash) to which the Common Stock issuable upon exercise of the Warrant (at the time of such Combination) would have been exchanged for pursuant to such Combination had such Common Stock been outstanding. For example, if the Company is acquired in a transaction in which each share of Common Stock is converted into the right to receive two shares of the acquirer's ’s stock and this Warrant, after giving effect to any other adjustment hereunder (including, without limitation, any adjustment under other provisions of this Section 2, whether in respect of such Combination or otherwise), is then exercisable for 1,000 shares of Common Stock, the Company would enter into an agreement with the acquirer providing that the Warrant would be exercisable for 2,000 shares of the acquirer's ’s stock and which would include the adjustment provisions provided in this AgreementWarrant, effectively converting the Warrant into warrants of the acquirer. The provisions of this Section shall similarly apply to successive Combinations involving any Successor Company.