Adjustment for Reorganization, Consolidation or Merger. In case of any reorganization of the Company (or any other entity, the securities of which are at the time receivable on the exercise of this Warrant) after the date hereof or in case after such date the Company (or any such other entity) shall consolidate with or merge with or into another entity, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section l at any time after the consummation of such reorganization, consolidation or merger, 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 6.l; 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: Warrant Agreement (BioRestorative Therapies, Inc.), Warrant Agreement (Desmarais John M), Exchange Agreement (Westbury Bermuda LTD)
Adjustment for Reorganization, Consolidation or Merger. In case of at any reorganization of time or from time to time, the Company shall (i) effect a recapitalization, reclassification or any reorganization or other entitychange of outstanding shares of Common Stock, the securities of which are at the time receivable on the exercise of this Warrant(ii) after the date hereof or in case after such date the Company (or any such other entity) shall consolidate with or merge with or into another any other Person and the Company is not the surviving entity, or (iii) transfer or otherwise convey all or substantially all of its properties or assets to any other Person or under any plan or arrangement contemplating the dissolution of the Company, then, and in each such case, except as otherwise provided in Section 5(c), the Holder of this Warrant upon Warrant, on the exercise thereof hereof as provided in Section l 2 at any time after prior to the consummation termination of such reorganization, consolidation or merger, this Warrant shall be entitled to receive, in lieu of the Common Stock 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 Holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such Holder had so exercised this Warrant Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in Section 6.l; 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 consummationSections 5.
Appears in 2 contracts
Samples: License Agreement (Cytogen Corp), License Agreement (Cytogen Corp)
Adjustment for Reorganization, Consolidation or Merger. In case of any reorganization of the Company (or any other entity, the securities of which are at the time receivable on the exercise of this Warrant) after the date hereof or in case after such date the Company (or any such other entity-entity) shall consolidate with or merge with or into another entity, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section l at any time after the consummation of such reorganization, consolidation or merger, 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 6.l; 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: Exchange Agreement (BioRestorative Therapies, Inc.), Exchange Agreement (BioRestorative Therapies, Inc.)
Adjustment for Reorganization, Consolidation or Merger. In case of any reorganization of the Company (or any other entitycorporation, the securities of which are at the time receivable on the exercise of this Warrant) after the date hereof or in case after such date the Company (or any such other entitycorporation) shall consolidate with or merge with or into another entitycorporation, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section l at any time after the consummation of such reorganization, consolidation or merger, 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 6.l; 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 (Amnex Inc)
Adjustment for Reorganization, Consolidation or Merger. In case of any reorganization of the Company (or any other entitycorporation, the securities of which are at the time receivable on the exercise of this Warrant) after the date hereof or in case after such date the Company (or any such other entitycorporation) shall consolidate with or merge with or into another corporation or entity, then, and in each such case, the Holder of this Warrant upon the exercise thereof as provided in Section l at any time after the consummation of such reorganization, consolidation or merger, 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 6.l; 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: Stock Transfer and Technology License Agreement (Geoworks /Ca/)
Adjustment for Reorganization, Consolidation or Merger. In case of any reorganization of the Company (or any other entitycorporation, the securities of which are at the time receivable on the exercise of this Warrant) after the date hereof or in case after such date the Company (or any such other entitycorporation) shall consolidate with or merge with or into another entitycorporation, then, and in each such case, the Holder of this Warrant Warrant, upon the exercise thereof as provided in Section l at any time after the consummation of such reorganization, consolidation or merger, 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, thereto all subject to further adjustment as provided in Section 6.l, and the terms of this Warrant shall be binding upon any successor to the Company by way of consolidation or merger; 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 (Amnex Inc)