Common use of Reclassification or Merger Clause in Contracts

Reclassification or Merger. In case of any reclassification or change 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 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), the Company, or such successor corporation, as the case may be, shall duly execute and deliver to the holder of this Warrant a new Warrant (in form and substance satisfactory to the holder of this Warrant), so that the holder of this Warrant shall have the right to receive upon exercise of this Warrant the kind and amount of shares of stock, other securities, money and or other property that the holder would have received if this Warrant had been exercised immediately before the record date for such reclassification or merger. Any new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 4. The provisions of this Section 4(a) shall similarly apply to successive reclassifications, changes and mergers.

Appears in 2 contracts

Sources: Warrant Agreement (Satcon Technology Corp), Warrant Agreement (Satcon Technology Corp)

Reclassification or Merger. In If at any time while this Warrant remains outstanding and unexpired, in case of any reclassification reclassification, change or change 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 the acquiring and the surviving 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 duly execute and deliver to the holder of this Warrant a new Warrant (in form and substance reasonably satisfactory to the holder of this Warrant), so Investor) providing that the holder of this Warrant Investor shall have the right to receive 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 Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or other property that the merger by a holder would have received if this Warrant had been exercised immediately before the record date for such reclassification or mergerof one share of Common Stock. Any Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 4Paragraph 5. The provisions of this Section 4(asubparagraph (a) shall similarly apply to successive reclassificationsreclassification, changes changes, mergers and mergerstransfers by the Company or any successor or purchasing corporation.

Appears in 2 contracts

Sources: Exchange Agreement (First Mariner Bancorp), Exchange Agreement (First Mariner Bancorp)

Reclassification or Merger. In If at any time while this Warrant remains outstanding and unexpired, in case of any reclassification reclassification, change or change 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 the acquiring and the surviving 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 duly execute and deliver to the holder of this Warrant a new Warrant (in form and substance reasonably satisfactory to the holder of this Warrant), so Investor) providing that the holder of this Warrant Investor shall have the right to receive 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 Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or other property that the merger by a holder would have received if this Warrant had been exercised immediately before the record date for such reclassification or mergerof one share of Common Stock. Any Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 4Paragraph 5. The provisions of this Section 4(asubparagraph (a) shall similarly apply to successive reclassificationsreclassification, changes changes, mergers and mergerstransfers by the Company or any success or purchasing corporation.

Appears in 2 contracts

Sources: Exchange Agreement (First Mariner Bancorp), Exchange Agreement (First Mariner Bancorp)

Reclassification or Merger. In Subject to earlier termination of this Warrant under Section 1 above, in any case of any reclassification reclassification, change or change conversion of securities of the class issuable upon exercise of this Warrant (other than a change in the 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 Corporation with or into another corporation (other than a merger with another corporation in which the Company Corporation is the acquiring and the surviving corporation a continuing corporation, and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), the CompanyCorporation, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the holder of this Warrant a new Warrant (in form and substance satisfactory to the holder of this WarrantHolder), so providing that the holder of this Warrant Holder shall have the right to receive 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 Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or other property that the merger by a holder would have received if this Warrant had been exercised immediately before the record date for such reclassification or mergerof one (1) share of Common Stock. Any Such new Warrant shall provide for adjustments adjustment that shall be as nearly equivalent as may be practicable to the adjustments adjustment provided for in this Section 48. The provisions of this Section 4(a) subsection 8.a. shall similarly apply to successive reclassifications, changes changes, mergers and mergerstransfers.

Appears in 1 contract

Sources: Warrant and Common Stock Purchase Agreement (Enova Systems Inc)

Reclassification or Merger. In case of any reclassification reclassification, stock -------------------------- split, stock dividend, change or change 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 or entity (other than a merger with another corporation in which the Company is the acquiring and the surviving 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 corporationor purchasing corporation or entity, as the case may be, shall duly execute and deliver to the holder of this Warrant a new Warrant (in form and substance satisfactory to the holder Holder of this Warrant), so ) providing that the holder Holder of this Warrant shall have the right to receive exercise such new Warrant and upon such exercise to receive, in lieu of this Warrant each share of Common Stock, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or other property that the merger by a holder would have received if this Warrant had been exercised immediately before the record date for such reclassification or mergerof one share of Common Stock. Any Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 4. The provisions of this Section 4(a4(e) shall similarly apply to successive reclassifications, changes changes, mergers and mergerstransfers.

Appears in 1 contract

Sources: Warrant Agreement (Us Search Corp Com)

Reclassification or Merger. In case of any reclassification reclassification, change or change of securities conversion of the class Shares 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 entity (other than a merger with another corporation entity in which the Company is the acquiring continuing entity and the surviving corporation and which that does not result in any reclassification 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 corporationor purchasing entity, as the case may be, shall duly execute and deliver to the holder of this Warrant a new Warrant warrant (in form and substance satisfactory to the holder of this Warrant), so ) providing that the holder of this Warrant Holder shall have the right to receive exercise such new warrant and upon such exercise to receive, in lieu of each Share issuable upon exercise of this Warrant Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or other property that the merger by a holder would have received if this Warrant had been exercised immediately before the record date for such reclassification or mergerof one share of Common Stock. Any Such new Warrant warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 4. The provisions of this Section 4(a4(b) shall similarly apply to successive reclassifications, changes changes, and mergers.

Appears in 1 contract

Sources: Warrant Agreement (China YCT International Group, Inc.)

Reclassification or Merger. In case the event of any reclassification reclassification, change or change conversion of securities of the class Common Shares issuable upon exercise of this Warrant the Warrants (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 the acquiring and the surviving a continuing 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, shall duly execute and deliver to the holder of this Warrant a new Warrant Warrants (in form and substance satisfactory to the holder of this Warrant), so Holder) providing that the holder of this Warrant Holder shall have the right to receive exercise such new Warrants and upon such exercise to receive, in lieu of each Common Shares theretofore issuable upon exercise of this Warrant the Warrants, the kind and amount of shares of stockCommon Shares, other securities, money and property receivable upon such reclassification, change, merger or other property that the sale by a holder would have received if this Warrant had been exercised immediately before the record date for such reclassification or mergerof Common Shares. Any Such new Warrant Warrants shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 49. The provisions of this Section 4(a) Subsection 9.1 shall similarly apply to successive reclassifications, changes changes, mergers and mergerssales.

Appears in 1 contract

Sources: Warrant Agreement (Hockey Co)

Reclassification or Merger. In Subject to Section 1, in case of any reclassification or -------------------------- 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 the acquiring and the surviving 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 duly execute and deliver to the holder of this Warrant a new Warrant (in form and substance substance, satisfactory to the holder of this Warrant), so ) providing that the holder of this Warrant shall have the right to receive 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 Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or other property that the merger by a holder would have received if this Warrant had been exercised immediately before the record date for such reclassification or mergerof one share of Common Stock. Any Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section Paragraph 4. The provisions of this Section 4(a) 4.2 shall similarly apply to successive reclassifications, changes changes, mergers and mergerstransfers.

Appears in 1 contract

Sources: Warrant Agreement (Point Therapeutics Inc)

Reclassification or Merger. In case of any reclassification reclassification, change, or change 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 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), the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the holder of this Warrant Holder a new Warrant warrant (in form and substance reasonably satisfactory to the holder of this WarrantHolder), so that the holder of this Warrant Holder shall have the right to receive receive, at a total purchase price not to exceed that payable upon the exercise of this Warrant, and in lieu of the shares of Common Stock theretofore issuable upon exercise of this Warrant Warrant, the kind and amount of shares of capital stock, other securities, money money, and property receivable upon that reclassification, change, or other property that merger by a holder of the holder would have received if number of shares of Common Stock then purchasable under this Warrant had been exercised immediately before the record date for such reclassification or mergerWarrant. Any That new Warrant warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 45. The provisions of this Section 4(asubsection (a) shall similarly apply to successive reclassifications, changes changes, and mergers.

Appears in 1 contract

Sources: Warrant Agreement (Glowpoint, Inc.)