Common use of Acquisition for Cash Clause in Contracts

Acquisition for Cash. Holder agrees that, in the event of an Acquisition in which the sole consideration is cash, and such consideration is to be received by the holders of the Company’s Common Stock in respect of their shares of the Common Stock at the closing of the Acquisition, this Warrant shall be automatically exercised (or terminated) as provided in Section 3(d) (even if a Registration Statement has been declared and remains effective by the SEC) on and as of the closing of such Acquisition to the extent not previously exercised.

Appears in 3 contracts

Samples: Warrant Agreement (Navidea Biopharmaceuticals, Inc.), Warrant Agreement (Navidea Biopharmaceuticals, Inc.), Asset Purchase Agreement (Navidea Biopharmaceuticals, Inc.)

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Acquisition for Cash. Holder Hxxxxx agrees that, in the event of an Acquisition in which the sole consideration is cash, and such consideration is to be received by the holders of the Company’s Common Stock in respect of their shares of the Common Stock at the closing of the Acquisition, this Warrant shall be automatically exercised (or terminatedterminate) as provided in Section 3(d) (even if a Registration Statement has been declared and remains effective by the SEC) on and as of the closing of such Acquisition to the extent not previously exercised.

Appears in 2 contracts

Samples: Warrant Agreement (Navidea Biopharmaceuticals, Inc.), Warrant Agreement (Navidea Biopharmaceuticals, Inc.)

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Acquisition for Cash. Holder agrees that, in the event of an Acquisition in which the sole consideration is cash, and such consideration is to be received by the holders of the Company’s Common Stock in respect of their shares of the Common Stock at the closing of the Acquisition, this Warrant shall be automatically exercised (or terminatedterminate) as provided in Section 3(d) (even if a Registration Statement has been declared and remains effective by the SEC) on and as of the closing of such Acquisition to the extent not previously exercised.

Appears in 1 contract

Samples: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.)

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