Common use of Assumption by Successor Person Clause in Contracts

Assumption by Successor Person. In the event of any Organic Change contemplated by Section 5.4(a) and (b) above, effective provisions shall be made in the certificate or articles of incorporation of the Successor Person, or in any contract of sale, merger, conveyance, lease, transfer or otherwise, so that the provisions set forth herein for the protection of the rights of the Holders of Warrants shall thereafter continue to be applicable; and any such Successor Person shall expressly assume all of the obligations set forth under Section 5.4(b) above and the due and punctual performance and observation of all of the obligations of the Company hereunder. The provisions of this Section 5.4 shall apply similarly to all successive events constituting Organic Changes.

Assumption by Successor Person. In the event of any Organic Change contemplated by Section 5.4(a) and (b) above5.3(a), effective provisions shall be made in the certificate or articles of incorporation Governing Documents of the Successor Person, or in any contract of sale, merger, conveyance, lease, transfer or otherwise, so that the provisions set forth herein for the protection of the rights of the Holders of Warrants shall thereafter continue to be applicable; and any such Successor Person shall expressly assume assume, by supplemental agreement signed by such Successor Person and the Trust, this Warrant Agreement, including all of the obligations set forth under Section 5.4(b5.3(a) above and the due and punctual performance performance, and observation of all of the obligations of the Company hereunderhereunder and in the Registration Rights Agreement. The provisions of this Section 5.4 5.3 shall apply similarly to all successive events constituting Organic Changes.

Assumption by Successor Person. In the event of any Organic Change contemplated by Section 5.4(a) and 5.4(b), (bc), (d), or (e) above, effective provisions shall be made in the certificate or articles of incorporation of the Successor Person, or in any contract of sale, merger, conveyance, lease, transfer or otherwise, so that the provisions set forth herein for the protection of the rights of the Holders of Warrants shall thereafter continue to be applicable; and any such Successor Person shall expressly assume all of the obligations set forth under Section 5.4(b5.4(a) through 5.4(e) above and the due and punctual performance and observation of all of the obligations of the Company hereunder. The provisions of this Section 5.4 shall apply similarly to all successive events constituting Organic Changes.