Sale of the Company. (a) As used herein, a “Sale of the Company” means (i) any sale (however effected, including without limitation by sale of stock, merger, share exchange or otherwise, including without limitation in a single transaction or series of related transactions) of all or substantially all of the outstanding voting stock of the Company, or (ii) any sale, lease or disposition of all or substantially all of the assets of the Company and its subsidiaries, taken as a whole; provided, that in neither case, shall a Sale of the Company include a transaction set forth above where the holders of the Company’s voting stock immediately prior to the transaction hold more than 50% of the outstanding voting stock of the Company or its successor following such transaction.
Appears in 6 contracts
Samples: Agents’ Warrant Agreement (Ante5, Inc.), Underwriter’s Warrant Agreement (Electromed, Inc.), Underwriter’s Warrant Agreement (Electromed, Inc.)
Sale of the Company. (a) As used herein, a “"Sale of the Company” " means (i) any sale (however effected, including without limitation by sale of stock, merger, share exchange or otherwise, including without limitation in a single transaction or series of related transactions) of all or substantially all of the outstanding voting stock of the Company, or (ii) any sale, lease or disposition of all or substantially all of the assets of the Company and its subsidiaries, taken as a whole; provided, that in neither case, shall a Sale of the Company include a transaction set forth above where the holders of the Company’s 's voting stock immediately prior to the transaction hold more than 50% of the outstanding voting stock of the Company or its successor following such transaction.
Appears in 4 contracts
Samples: Purchase Agreement Underwriters Warrant Agreement (Iggys House, Inc.), 2007 Warrant Agreement (Iggys House, Inc.), Warrant Agreement (Iron Eagle Group, Inc.)
