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) or in case of any sale or transfer to another entity of the majority of assets of the Company, the entity resulting from such 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 (by written instrument executed and mailed to each holder of the Warrants then outstanding) pursuant to which, upon exercise of the Warrants, at any time after the consummation of such reorganization, consolidation, merger or conveyance, the holder shall be entitled to receive the stock or other securities or property that such holder would have been entitled to upon consummation if such holder had exercised the Warrants immediately prior thereto, all subject to further adjustment as provided in this Section 6.
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Samples: Warrant Agreement (Grand Adventures Tour & Travel Publishing Corp), Warrant Agreement (Grand Adventures Tour & Travel Publishing Corp), Warrant Agreement (Zymetx Inc)
Adjustment for Reorganization Consolidation Merger Etc. In the 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) or in case of any sale or transfer to another entity of the majority of assets of the Company, the entity resulting from such 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 each holder of Warrantsa Warrant) and shall assume the obligations of the Company hereunder (by written instrument executed and mailed to each holder of the Warrants a Warrant then outstanding) pursuant to which, upon exercise of the WarrantsWarrant, at any time after the consummation of such reorganization, consolidation, merger or conveyance, the holder shall be entitled to receive the stock common shares or other securities or property that such holder would have been entitled to upon consummation if such holder had exercised the Warrants Warrant immediately prior thereto, all subject to further adjustment as provided in this Section 65.
Appears in 6 contracts
Samples: Warrant Agreement (Tibet Pharmaceuticals, Inc.), Warrant Agreement (Tai Shan Communications, Inc.), Warrant Agreement (Shangri-La Tibetan Pharmaceuticals, 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) or in case of any sale or transfer to another entity of the majority of assets of the Company, the entity resulting from such 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 each holder of Warrantsa Warrant) and shall assume the obligations of the Company hereunder (by written instrument executed and mailed to each holder of the Warrants a Warrant then outstanding) pursuant to which, upon exercise of the WarrantsWarrant, at any time after the consummation of such reorganization, consolidation, merger or conveyance, the holder shall be entitled to receive the stock or other securities or property that such holder would have been entitled to upon consummation if such holder had exercised the Warrants Warrant immediately prior thereto, all subject to further adjustment as provided in this Section 65.
Appears in 3 contracts
Samples: Warrant Agreement (Sino-Global Shipping America, Ltd.), Warrant Agreement (Pansoft CO LTD), Warrant Agreement (Sino-Global Shipping America, Ltd.)
Adjustment for Reorganization Consolidation Merger Etc. In the 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) or in case of any sale or transfer to another entity of the majority of assets of the Company, the entity resulting from such 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 each holder of Warrantsa Warrant) and shall assume the obligations of the Company hereunder (by written instrument executed and mailed to each holder of the Warrants a Warrant then outstanding) pursuant to which, upon exercise of the WarrantsWarrant, at any time after the consummation of such reorganization, consolidation, merger or conveyance, the holder shall be entitled to receive the stock ordinary shares or other securities or property that such holder would have been entitled to upon consummation if such holder had exercised the Warrants Warrant immediately prior thereto, all subject to further adjustment as provided in this Section 65.
Appears in 2 contracts
Samples: Warrant Agreement (China Yuan Hong Fire Control Group Holdings LTD), Warrant Agreement (Tri-Tech Holding, Inc.)
Adjustment for Reorganization Consolidation Merger Etc. In the 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) or in case of any sale or transfer to another entity of the majority of assets of the Company, the entity resulting from such 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 each holder of Warrantsa Warrant) and shall assume the obligations of the Company hereunder (by written instrument executed and mailed to each holder of the Warrants a Warrant then outstanding) pursuant to which, upon exercise of the WarrantsWarrant, at any time after the consummation of such reorganization, consolidation, merger or conveyance, the holder shall be entitled to receive the common stock or other securities or property that such holder would have been entitled to upon consummation if such holder had exercised the Warrants Warrant immediately prior thereto, all subject to further adjustment as provided in this Section 65.
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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 corporation (other than a consolidation or merger in which the Company is the surviving corporation) or in case of any sale or transfer to another entity (whether in one or more transactions) of all or substantially all of the majority of assets of the Company, the entity corporation resulting from such 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 WarrantsHolders) and shall either (i) assume the obligations of the Company hereunder (by written instrument executed and mailed to each holder of the Warrants then outstandingHolders) pursuant to which, upon exercise of the Warrants, Warrants at any time after the consummation of such reorganization, consolidation, merger or conveyance, or (ii) make suitable provision in connection with the holder closing of such reorganization, consolidation, merger or conveyance such that in the case of either clause (i) or (ii) the Holders shall be entitled to receive the same amount of cash, stock or other securities or property that such holder Holder would have been entitled to upon consummation receive if such holder Holder had exercised the Warrants immediately prior thereto, all subject to further adjustment as provided in this Section 6.
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Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization or consolidation of the Company Corporation with, or any merger of the Company Corporation with or into, another entity (other than a consolidation or merger in which the Company Corporation is the surviving corporation) or in case of any sale or transfer to another entity of the majority of assets of the CompanyCorporation, the entity resulting from such 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 Corporation hereunder (by written instrument executed and mailed to each holder of the Warrants then outstanding) pursuant to which, upon exercise of the Warrants, at any time after the consummation of such reorganization, consolidation, consolidation merger or conveyance, the holder shall be entitled to receive the stock shares or other securities or property that such holder would have been entitled to upon consummation if such holder had exercised exercise the Warrants immediately prior thereto, all subject to further adjustment as provided in this Section 64.
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Samples: Agreement for License and Purchase of Technology (Spacedev 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) or in case of any sale or transfer to another entity of the majority of assets of the Company, the entity resulting from such 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 each holder of Warrantsa Warrant) and shall assume the obligations of the Company hereunder (by written instrument executed and mailed to each holder of the Warrants a Warrant then outstanding) pursuant to which, upon exercise of the WarrantsWarrant, at any time after the consummation of such reorganization, consolidation, merger or conveyance, the holder shall be entitled to receive the stock ordinary shares or other securities or property that such holder would have been entitled to upon consummation if such holder had exercised the Warrants Warrant immediately prior thereto, all subject to further adjustment as provided in this Section 65.
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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) or in case of any sale or transfer to another entity of the majority of assets of the Company, the entity resulting from such 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 (by written instrument executed and mailed to each holder of the Warrants then outstanding) pursuant to which, upon exercise of the Warrants, at any time after the consummation of such reorganization, consolidation, merger or conveyance, the holder shall be entitled to receive the stock shares or other securities or property that such holder would have been entitled to upon consummation if such holder had exercised the Warrants immediately prior thereto, all subject to further adjustment as provided in this Section 65.
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Adjustment for Reorganization Consolidation Merger Etc. In case of any reorganization or consolidation of the Company Partnership with, or any merger of the Company Partnership with or into, another entity (other than a consolidation or merger in which the Company Partnership is the surviving corporation) or in case of any sale or transfer to another entity of the majority of assets of the CompanyPartnership, the entity resulting from such 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 Partnership hereunder (by written instrument executed and mailed to each holder of the Warrants then outstanding) pursuant to which, upon exercise of the Warrants, at any time after the consummation of such reorganization, consolidation, merger or conveyance, the holder shall be entitled to receive the stock Units or other securities or property that such holder would have been entitled to upon consummation if such holder had exercised the Warrants immediately prior thereto, all subject to further adjustment as provided in this Section 65.
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