Common use of Adjustments for Consolidation, Merger, Sale of Assets, Reorganization, etc Clause in Contracts

Adjustments for Consolidation, Merger, Sale of Assets, Reorganization, etc. In case the Company, after the date hereof, (a) shall effect a capital reorganization or reclassification of any or all of its capital stock, or (b) shall consolidate with or merge into any other organization, company, corporation, partnership, trust, business organization, individual, or group of individuals (a "Person") and shall not be the continuing or surviving corporation of such consolidation or merger, or (c) shall permit any other Person to consolidate with or merge into the Company, and the Company shall be the continuing or surviving Person but, in connection with such consolidation or merger, the Common Stock shall be changed into or exchanged for stock or the securities or property of any other Person, or (d) shall transfer all or substantially all of its properties and assets to any other Person; then proper provision shall be made so that the Holder of this Warrant, upon the exercise hereof at any time after the consummation of such consolidation, merger, transfer, reorganization or reclassification, shall be entitled to receive the stock and other securities and property to which such Holder would have been entitled to, as if such Holder had so exercised this Warrant immediately prior to the consummation of any such transaction.

Appears in 6 contracts

Samples: Investment Agreement (Diasys Corp), Common Stock Purchase Warrant (Diasys Corp), Common Stock Purchase Warrant (Diasys Corp)

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Adjustments for Consolidation, Merger, Sale of Assets, Reorganization, etc. In case the Company, after the date hereof, (a) shall effect a capital reorganization or reclassification of any or all of its capital stock, or (b) shall consolidate with or merge into any other organization, company, corporation, partnership, trust, business organization, individual, or group of individuals (a "Person") person and shall not be the continuing or surviving corporation of such consolidation or merger, or (cb) shall permit any other Person person to consolidate with or merge into the Company, Company and the Company shall be the continuing or surviving Person person, but, in connection with such consolidation or merger, the Common Stock shall be changed into or exchanged for stock or the other securities or property of any other Personperson, or (dc) shall transfer all or substantially all of its properties and assets to any other Person; then person, then, and in each such case, proper provision shall be made so that the Holder holder of this Warrant, upon the exercise hereof of this Warrant at any time after the consummation of such consolidation, merger, transfer, reorganization or reclassification, shall be entitled to receive receive, in lieu of the Common Stock issuable upon such exercise prior to such consummation, the stock and other securities and property to which that such Holder holder would have been entitled to, as to upon such exercise if such Holder holder had so exercised this Warrant immediately prior to the consummation of any such transactionthereto.

Appears in 1 contract

Samples: Securities Purchase Agreement (Airnet Communications Corp)

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