Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 129 contracts
Samples: Warrant Agreement (NCT Group Inc), Warrant Agreement (NCT Group Inc), Warrant Agreement (NCT Group Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder Holder, upon the exercise of this Warrant upon the exercise thereof as provided in Section 1 hereof at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in 8.1 hereof. In each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 23 contracts
Samples: Warrant Agreement (NCT Group Inc), Warrant Agreement (NCT Group Inc), Warrant Agreement (NCT Group Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization or consolidation of the Company (with, or any merger of the Company with or into, another entity (other than a consolidation or merger in which the Company is the surviving corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after of any sale or transfer to another entity of the majority of assets of the Company, the entity resulting from such date reorganization or consolidation or surviving such merger or to which such sale or transfer shall be made, as the case may be, shall make suitable provision (which shall be fair and equitable to the holders of Warrants) and shall assume the obligations of the Company hereunder (or any such other corporationby written instrument executed and mailed to each holder of the Warrants then outstanding) shall consolidate with or merge into another corporation or convey all or substantially all pursuant to which, upon exercise of its assets to another corporationthe Warrants, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, the holder shall be entitled to receive, in lieu of receive the securities and property receivable upon the exercise of this Warrant prior to such consummation, the stock or other securities or property to which that such Holder holder would have been entitled to upon such consummation if such Holder holder had exercised this Warrant the Warrants immediately prior thereto, all subject to further adjustment as provided in this Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation5.
Appears in 16 contracts
Samples: Warrant Agreement (China Hospitals Inc), Warrant Agreement (eFuture Information Technology Inc.), Warrant Agreement (eFuture Information Technology Inc.)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 13 contracts
Samples: Warrant Agreement (Bioheart, Inc.), Warrant Agreement (Bioheart, Inc.), Warrant Agreement (Bioheart, Inc.)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporationentity, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporationentity) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 8 contracts
Samples: Loan Guarantee Agreement, Loan Agreement (Bioheart, Inc.), Loan Guarantee, Payment and Security Agreement (Bioheart, Inc.)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporationentity, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporationentity) shall consolidate with or merge into another corporation entity or convey all or substantially all of its assets to another corporationentity, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 5 contracts
Samples: Warrant Agreement (Systemone Technologies Inc), Warrant Agreement (Hanseatic Corp), Warrant Agreement (Hanseatic Corp)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.110.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 5 contracts
Samples: Warrant Agreement (NCT Group Inc), Warrant Agreement (Pro Tech Communications Inc), Warrant Agreement (Pro Tech Communications Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporationcompany, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporationcompany) shall consolidate with or merge into another corporation Company or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable received upon the exercise of this Warrant after such consummation.
Appears in 5 contracts
Samples: Warrant Agreement (China Youth Media, Inc.), Warrant Agreement (Splinternet Holdings Inc), Warrant Agreement (SpectrumDNA, Inc.)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other trust, corporation, or other entity the shares or other securities of which are at the time receivable deliverable on the exercise of this WarrantRight) after the Grant Date date hereof, or in case case, after such date date, the Company (or any such other corporationtrust, corporation or other entity) shall consolidate with or merge into another corporation trust, corporation, or other entity or convey all or substantially all of its assets to another corporationtrust, thencorporation or other entity, then and in each such case, case the Holder of this Warrant Right, upon the exercise thereof hereof as provided in Section Paragraph 1 hereof, at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of receive the securities and property receivable upon the exercise of this Warrant prior to such consummation, the shares or other securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant Right immediately prior thereto, all subject to further adjustment adjustments as provided in Section 8.1Paragraphs 3 and 4 hereof; in each such case, the terms of this Warrant Right shall be applicable to the shares or other securities or property receivable upon the exercise of this Warrant Right after such consummation.
Appears in 5 contracts
Samples: Common Share Purchase Right (Lasalle Hotel Properties), Common Share Purchase Right (Lasalle Hotel Properties), Common Share Purchase Right (Lasalle Hotel Properties)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 5 contracts
Samples: Loan Agreement (Utix Group Inc), Loan Agreement (Utix Group Inc), Warrant Agreement (Power Efficiency Corp)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or other entity or convey all or substantially all of its assets to another corporationcorporation or other entity, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation, and all references herein to "Warrant Shares" or to "Common Stock" shall include any such securities or property so receivable.
Appears in 4 contracts
Samples: Warrant Agreement (CMS Energy Corp), Warrant Agreement (CMS Energy Corp), Warrant Agreement (CMS Energy Corp)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, corporation the stock or other securities of which are at the time receivable deliverable on the exercise of this Warrant) after the Grant Date date hereof, or in case case, after such date date, the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, then and in each such case, case the Holder of this Warrant Warrant, upon the exercise thereof hereof as provided in Section Paragraph 1 hereof, at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of receive the securities and property receivable upon the exercise of this Warrant prior to such consummation, the stock or other securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment adjustments as provided in Section 8.1Paragraphs 3 and 4 hereof; in each such case, the terms of this Warrant shall be applicable to the shares of stock or other securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 4 contracts
Samples: Purchase Agreement (Logimetrics Inc), Unit Purchase Agreement (Logimetrics Inc), Common Stock Purchase Warrant (Logimetrics Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other a corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date ), or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, conveyance shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 3 contracts
Samples: Warrant Agreement (Viragen Inc), Buffycoat Supply Agreement (Viragen Inc), Warrant Agreement (Viragen Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger merger, or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Kona Grill Inc), Warrant Agreement (Kona Grill Inc), Warrant Agreement (Onesource Technologies Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.17.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 3 contracts
Samples: Warrant Agreement (NCT Group Inc), Warrant Agreement (NCT Group Inc), Warrant Agreement (NCT Group Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 3 contracts
Samples: Warrant Agreement (Big Entertainment Inc), Warrant Agreement (Big Entertainment Inc), Subscription Agreement (Big Entertainment Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, conveyance shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 3 contracts
Samples: Warrant Agreement (Viragen Inc), Strategic Alliance Agreement (Viragen Inc), Warrant Agreement (Viragen Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date date of this Warrant or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 3 contracts
Samples: Warrant Agreement (Kona Grill Inc), Warrant Agreement (Kona Grill Inc), Warrant Agreement (Kona Grill Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of at any reorganization of time or from time to time, the Company shall (or any other corporationa) effect a reorganization, the securities of which are at the time receivable on the exercise of this Warrant(b) after the Grant Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation any other person or convey (c) transfer all or substantially all of its properties or assets to another corporationany other person under any plan or arrangement contemplating the dissolution of the Company, then, and in each such case, as a condition to the consummation of such a transaction, proper and adequate provision shall be made by the Company whereby the Registered Holder of this Warrant upon Warrant, on the exercise thereof hereof as provided in Section 1 1, at any time after the consummation of such reorganization, consolidation, consolidation or merger or conveyancethe effective date of such dissolution, as the case may be, shall be entitled to receive, in lieu of the Common Stock (or Other Securities) issuable on such exercise prior to such consummation or such effective date, the stock and other securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property (including cash) to which such Registered Holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such Registered Holder had so exercised this Warrant Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in this Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation4.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (SUBAYE.COM, Inc.), Common Stock Purchase Warrant (SUBAYE.COM, Inc.)
Adjustment for Reorganization Consolidation Merger Etc. In the case of any capital reorganization or reclassification of the Company Common Stock of the Corporation (or any other corporation, corporation the stock or other securities of which are at the time receivable on the exercise of this Warrant) after during the Grant Date Exercise Period or in case after such date case, during the Company Exercise Period, the Corporation (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, thenthe Holder, and in each such caseupon exercise, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the Common Stock of the Corporation (or such other corporation), the proportionate share of all stock, securities and or other property receivable upon issued, paid or delivered for or on all of the exercise Common Stock of the Corporation (or such other corporation) as is allocable to the shares of Common Stock then called for by this Warrant prior to such consummation, as if the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this the Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms paragraph 5 of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummationWarrant.
Appears in 2 contracts
Samples: Warrant Agreement (Raptor Pharmaceuticals Corp.), Warrant Agreement (Raptor Pharmaceuticals Corp.)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, corporation the stock or other securities of which are at the time receivable deliverable on the exercise of this Warrant) after the Grant Date date hereof, or in case case, after such date date, the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, then and in each such case, case the Holder of this Warrant Warrant, upon the exercise thereof hereof as provided in Section Paragraph 1 hereof, at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of receive the securities and property receivable upon the exercise of this Warrant prior to such consummation, the stock or other securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment adjustments as provided in Section 8.1Paragraphs 3 and 4 hereof; in each such case, the terms of this Warrant shall be applicable to the shares of stock or other securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Cramer Rosenthal McGlynn LLC /Adv), Common Stock Purchase Warrant (Cramer Rosenthal McGlynn LLC /Adv)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date date hereof or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger merger, or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 2 contracts
Samples: Warrant Agreement (Smith & Wesson Holding Corp), Warrant Agreement (Smith & Wesson Holding Corp)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date date hereof, or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 above at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable received upon the exercise of this Warrant after such consummation.
Appears in 2 contracts
Samples: Loan Agreement (Gender Sciences Inc), Loan Agreement (Gender Sciences Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.19.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 2 contracts
Samples: Warrant Agreement (NCT Group Inc), Warrant Agreement (NCT Group Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date date hereof or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 2 contracts
Samples: Warrant Agreement (Innofone Com Inc), Warrant Agreement (Myriad Entertainment & Resorts, Inc.)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, corporation the stock or other securities of which are at the time receivable deliverable on the exercise of this WarrantOption) after the Grant Date date hereof, or in case case, after such date date, the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, then and in each such case, the Holder of this Warrant upon the exercise thereof hereof as provided in Section 1 Paragraph 3 hereof, at any time after the consummation of such reorganization, consolidation, merger or conveyance, you shall be entitled to receive, in lieu of receive the securities and property receivable upon the exercise of this Warrant prior to such consummation, the stock or other securities or property to which such Holder you would have been entitled upon such consummation if such Holder you had exercised this Warrant Option immediately prior thereto, all subject to further adjustment adjustments as provided in Section 8.1Paragraphs 4 and 6 hereof; in each such case, the terms of this Warrant Option shall be applicable to the shares of stock or other securities or property receivable upon the exercise of this Warrant Option after such consummation.
Appears in 2 contracts
Samples: Stock Option Agreement (Logimetrics Inc), Stock Option Agreement (Logimetrics Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities issuer of which are at the time receivable on the exercise of this WarrantOther Securities) after the Grant Date Original Issue Date, or in case case, after such date date, the Company (or any such other corporationissuer) shall consolidate with or merge into another corporation or convey transfer all or substantially all of its properties or assets to another corporationor consolidate with or merge into any other person (corporate or otherwise), then, then and in each such case, case the Holder of this Warrant Warrant, upon the exercise thereof as provided in Section 1 hereof, at any time after the consummation of such reorganization, consolidationconveyance, merger consolidation or conveyancemerger, shall be entitled to receive, in lieu of the securities and property receivable Common Stock (or Other Securities) issuable upon the such exercise of this Warrant prior to such consummation, the securities stock and Other Securities or property properties (including cash) to which such Holder would have been entitled upon such consummation consummation, if such Holder had so exercised this Warrant immediately prior thereto, all subject to further adjustment adjustments thereafter as provided in Section 8.1subparagraphs (a) and (d); in each such case, the terms of this Warrant shall be applicable to the securities or property shares of Common Stock and Other Securities receivable upon the exercise of this Warrant after such consummation, and shall be binding upon the issuer thereof.
Appears in 2 contracts
Samples: Credit Agreement (Genicom Corp), Warrant Agreement (Nu Kote Holding Inc /De/)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporationentity, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date the Company (or any such other corporationentity) shall consolidate with or merge into another corporation entity or convey all or substantially all of its assets to another corporationentity, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 2 contracts
Samples: Warrant Agreement (Systemone Technologies Inc), Warrant Agreement (Hanseatic Corp)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Issue Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 2 contracts
Samples: Share Purchase Agreement (Intrepid Capital Corp), Warrant Agreement (Harbinger Corp)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this a Warrant) after the Grant Date date hereof, or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder holder of this a Warrant Certificate upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant Warrants prior to such consummation, the securities or property to which such Holder holder would have been entitled upon such consummation if such Holder holder had exercised this Warrant such Warrants immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant Agreement shall be applicable to the securities or property receivable received upon the exercise of this Warrant such Warrants after such consummation.
Appears in 2 contracts
Samples: Warrant Agreement (Medical Nutrition Usa Inc), Warrant Agreement (Medical Nutrition Usa Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable received upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the may, immediately prior to such transaction, exercise thereof as provided in Section 1 2, or, at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable received upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Samples: Bridge Financing Agreement (Axys Pharmecueticals Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant Warrant, upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Samples: Warrant Agreement (Roadrunner Transportation Systems, Inc.)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or date of this Warrant r in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Samples: Warrant Agreement (Fibercore Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, corporation the stock or other securities of which are at the time receivable deliverable on the exercise of this Warrant) after the Grant Date date hereof, or in case case, after such date date, the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, then and in each such case, case the Holder of this Warrant Warrant, upon the exercise thereof hereof as provided in Section Paragraph 1 hereof, at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of receive the securities and property receivable upon the exercise of this Warrant prior to such consummation, the stock or other securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment adjustments as provided in Section 8.1Paragraph 3 hereof; in each such case, the terms of this Warrant shall be applicable to the shares of stock or other securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date date of this Warrant or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger merger, or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Samples: Warrant Agreement (Vital Living Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this a Warrant) after the Grant Date or in case after such date if the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Warrant Holder of this a Warrant upon the exercise thereof as provided in Section 1 7 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, receive in lieu of the securities and property receivable upon the exercise of this a Warrant prior to such consummation, the securities or property to which such Warrant Holder would have been entitled upon such consummation if such Warrant Holder had exercised this a Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this a Warrant shall be applicable to the securities or property receivable received upon the exercise of this a Warrant after such consummation.
Appears in 1 contract
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization or recapitalization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date and prior to the Expiration Date or in case after during such date period the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section Article 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Samples: License Agreement (Bioheart, Inc.)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 1.1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Base Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrantthe Warrant Share) after the Grant Date date of the Warrant Share or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this the Warrant Share upon the exercise thereof as provided in Section 1 3 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this the Warrant Share prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this the Warrant Share immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this the Warrant Share shall be applicable to the securities or property receivable upon the exercise of this the Warrant Share after such consummation.
Appears in 1 contract
Samples: Advisor's Warrant Agreement (Insci Statements Com Corp)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date if the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Warrant Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, receive in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Warrant Holder would have been entitled upon such consummation if such Warrant Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable received upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Adjustment for Reorganization Consolidation Merger Etc. In --------------------------------------------------------- case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date if the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Samples: Consulting Agreement (Communications World International Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company Corporation (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date date hereof, or in case after such date the Company Corporation (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable received upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Samples: Warrant Agreement (Ontro Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporationentity, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date the Company (or any such other corporationentity) shall consolidate with or merge into another corporation entity or convey all or substantially all of its assets to another corporationentity, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Samples: Waiver Agreement (Hanseatic Corp)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date ), or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, conveyance shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Samples: Development, License and Collaboration Agreement (Viragen Inc)
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable received upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date or in case after such date the event the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization of the Company (or any other corporation, the securities of which are at the time receivable on the exercise of this Warrant) after the Grant Date date of this Warrant or in case after such date the Company (or any such other corporation) shall consolidate with or merge into another corporation or convey all or substantially all of its assets to another corporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation, merger or conveyance, shall be entitled to receive, in lieu of the securities and property receivable upon the exercise of this Warrant prior to such consummation, the securities or property to which such Holder would have been entitled upon such consummation if such Holder had exercised this Warrant immediately prior thereto, all subject to further adjustment as provided in Section 8.1; in each such case, the terms of this Warrant shall be applicable to the securities or property receivable upon the exercise of this Warrant after such consummation.
Appears in 1 contract
Samples: Warrant Agreement (Fibercore Inc)