Common use of Merger, Consolidation or Combination Clause in Contracts

Merger, Consolidation or Combination. In the event the Company merges, consolidates or otherwise combines with or into any Person after the date hereof and before the Expiration Date, then, as a condition of such merger, consolidation or combination, lawful and adequate (in the good faith judgment of the Board of Directors of the Company) provisions shall be made whereby Holders shall, in addition to their other rights hereunder, thereafter have the right to purchase and receive upon the basis and upon the terms and conditions specified in this Agreement upon exercise of the Warrants and in lieu of the Warrant Shares immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby, such shares of stock, securities or assets as may be issued or payable with respect to or in exchange for a number of outstanding Common Shares equal to the number of Warrant Shares immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby, and in any such case appropriate provision shall be made (including the execution by the Person formed by consolidation, merger or combination of a supplemental Warrant Agreement) with respect to the rights and interests of the Holders to the end that the provisions hereof (including, without limitation, provisions for adjustments of the number of Warrant Shares) shall thereafter be applicable, as nearly as may be practicable (in the good faith judgment of the Board of Directors of the Company), in relation to any shares of stock, securities or assets thereafter deliverable upon the exercise hereof. This Section 5.1(g) shall similarly apply to successive consolidations, mergers or combinations.

Merger, Consolidation or Combination. In the event the Company merges, consolidates or otherwise combines with or into any Person after the date hereof and before the Expiration DatePerson, then, as a condition of such merger, consolidation or combination, lawful and adequate (in the good faith judgment of the Board of Directors of the Company) provisions shall be made whereby Holders Warrantholders shall, in addition to their other rights hereunder, thereafter have the right to purchase and receive upon the basis and upon the terms and conditions specified in this Agreement upon exercise of the Warrants and in lieu of the Warrant Shares immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby, such shares of stock, securities or assets as may be issued or payable with respect to or in exchange for a number of outstanding Common Shares equal to the number of Warrant Shares immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby, and in any such case appropriate provision shall be made (including the execution by the Person formed by consolidation, merger or combination of a supplemental Warrant Agreement) with respect to the rights and interests of the Holders Warrantholders to the end that the provisions hereof (including, without limitation, provisions for adjustments of the number of Warrant Shares) shall thereafter be applicable, as nearly as may be practicable (in the good faith judgment of the Board of Directors of the Company)practicable, in relation to any shares of stock, securities or assets thereafter deliverable upon the exercise hereof. This Section 5.1(g5.1(b) shall similarly apply to successive consolidations, mergers or combinations.

Merger, Consolidation or Combination. In the event the Company merges, consolidates or otherwise combines with or into any Person after the date hereof and before the Expiration Date, then, as a condition of such merger, consolidation or combination, lawful and adequate (in the good faith judgment of the Board of Directors of the Company) provisions shall be made whereby Holders Warrantholders shall, in addition to their other rights hereunder, thereafter have the right to purchase and receive upon the basis and upon the terms and conditions specified in this Agreement upon exercise of the Warrants and in lieu of the Warrant Shares immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby, such shares of stock, securities or assets as may be issued or payable with respect to or in exchange for a number of outstanding Common Shares equal to the number of Warrant Shares immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby, and in any such case appropriate provision shall be made (including the execution by the Person formed by consolidation, merger or combination of a supplemental Warrant Agreement) with respect to the rights and interests of the Holders Warrantholders to the end that the provisions hereof (including, without limitation, provisions for adjustments of the number of Warrant Shares) shall thereafter be applicable, as nearly as may be practicable (in the good faith judgment of the Board of Directors of the Company)practicable, in relation to any shares of stock, securities or assets thereafter deliverable upon the exercise hereof. This Section 5.1(g5.1(h) shall similarly apply to successive consolidations, mergers or combinations.