Adjustment for Merger or Reorganization, etc. In case of any consolidation, merger, or share exchange of the Company with or into another corporation or the sale of all or substantially all of the assets of the Company to another person or entity, then this Warrant shall thereafter be convertible into the kind and amount of shares of stock or other securities or property to which a holder of the number of shares of Common Stock of the Company deliverable upon exercise of this Warrant would have been entitled upon such consolidation, merger or sale; and, in such case, appropriate adjustment (as determined in good faith by the Company’s Board of Directors) shall be made in the application of the provisions in this Article III to the end that the provisions set forth in this Article III (including provisions with respect to changes in and other adjustments of the number of shares of Common Stock issuable upon exercise of this Warrant) shall thereafter be applicable, as nearly as reasonably may be, in relation to any shares of stock or other property thereafter deliverable upon the exercise of this Warrant.
Appears in 4 contracts
Samples: Warrant Agreement (PSM Holdings Inc), Warrant Agreement (PSM Holdings Inc), Warrant Agreement (PSM Holdings Inc)
Adjustment for Merger or Reorganization, etc. In case of any consolidation, merger, consolidation or share exchange merger of the Company with or into another corporation Person or the sale of all or substantially all of the assets of the Company to another person or entityPerson, then this Warrant Certificate shall thereafter be convertible into exercisable for the kind and amount of shares of stock or other securities or property to which a holder of the number of shares of Company Common Stock of the Company deliverable upon exercise of this Warrant Certificate would have been entitled upon such consolidation, merger or sale; and, in such case, appropriate adjustment (as determined in good faith by the Company’s Board of DirectorsBoard) shall be made in the application of the provisions in this Article III Section 5 with respect to the rights and interest thereafter of the Warrantholder, to the end that the provisions set forth in this Article III Section 5 (including provisions with respect to changes in and other adjustments of the number of shares of Common Stock issuable upon exercise of this WarrantExercise Amount) shall thereafter be applicable, as nearly as reasonably may be, in relation to any shares of stock or other property thereafter deliverable upon the exercise of this WarrantWarrant Certificate.
Appears in 3 contracts
Samples: Credit Agreement (Applied Graphics Technologies Inc), Credit Agreement (Applied Graphics Technologies Inc), Credit Agreement (Applied Graphics Technologies Inc)
Adjustment for Merger or Reorganization, etc. In case of any consolidation, merger, merger or share exchange of the Company with or into another corporation or the sale of all or substantially all of the assets of the Company to another person or entitycorporation, then this Warrant shall thereafter be convertible into the kind and amount of shares of stock or other securities or property to which a holder of the number of shares of Common Stock of the Company deliverable upon exercise of this Warrant would have been entitled upon such consolidation, merger or sale; and, in such case, appropriate adjustment (as determined in good faith by the Company’s 's Board of Directors) shall be made in the application of the provisions in this Article III to the end that the provisions set forth in this Article III (including provisions with respect to changes in and other adjustments of the number of shares of Common Stock issuable upon exercise of this the Warrant) shall thereafter be applicable, as nearly as reasonably may be, in relation to any shares of stock or other property thereafter deliverable upon the exercise of this Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Cahoon Arthur L), Warrant Agreement (Smith R Lee)