Common use of 09Consolidation Clause in Contracts

09Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof, and all Shares in connection with such Advance have been received by the Investor.

Appears in 3 contracts

Samples: Equity Purchase Agreement (ReShape Lifesciences Inc.), Standby Equity Purchase Agreement (Kiromic Biopharma, Inc.), Standby Equity Purchase Agreement (Terawulf Inc.)

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09Consolidation. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof, and all Shares in connection with such Advance have been received by the Investor.. ​ ​

Appears in 1 contract

Samples: Standby Equity Purchase Agreement (Universal Security Instruments Inc)

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