Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 66 contracts
Samples: Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.), Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.), Convertible Debenture and Warrant Purchase Agreement (VG Life Sciences Inc.)
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly. The Company shall use reasonable efforts to cause the surviving corporation to assume the obligations of this Warrant.
Appears in 32 contracts
Samples: Warrant Agreement (Trupanion Inc.), Warrant Agreement (Trupanion Inc.), Warrant Agreement (Homeaway Inc)
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 31 contracts
Samples: Loan and Security Agreement (Software Technologies Corp/), Warrant Agreement (Innova Corporation), Loan and Security Agreement (Software Technologies Corp/)
Assumption of Warrant. Upon the closing of any Acquisition other than those particularly described in subsections (ii) and (iii) above, the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Warrant Shares issuable upon exercise of the unexercised portion of this Warrant as if such Warrant Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price and/or number of Warrant Shares shall be adjusted accordingly.
Appears in 24 contracts
Samples: Warrant Agreement (Endocyte Inc), Warrant Agreement (BIND Therapeutics, Inc), Warrant Agreement (Cytori Therapeutics, Inc.)
Assumption of Warrant. Upon the closing of any Acquisition Acquisition, the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Initial Exercise Price and/or number of Shares shall be adjusted accordingly.
Appears in 24 contracts
Samples: Warrant Agreement (Jamdat Mobile Inc), Warrant Agreement (Stentor Inc), Warrant Agreement (Verso Technologies Inc)
Assumption of Warrant. Upon the closing of any --------------------- Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 14 contracts
Samples: Warrant Agreement (Digital Insight Corp), Warrant Agreement (Cardiodynamics International Corp), Warrant Agreement (Digital Insight Corp)
Assumption of Warrant. Upon the closing of any Acquisition Acquisition, the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 11 contracts
Samples: Stock Purchase Warrant (Tidelands Oil & Gas Corp), Warrant Agreement (Emergisoft Holding Inc), Stock Purchase Warrant (Tidelands Oil & Gas Corp/Wa)
Assumption of Warrant. Upon the closing of any Acquisition --------------------- the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 8 contracts
Samples: Warrant Agreement (Haht Commerce Inc), Loan and Security Agreement (Onsale Inc), Warrant Agreement (Tvia Inc)
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Exercise Price shall be adjusted accordingly.
Appears in 8 contracts
Samples: Warrant Agreement (Athenahealth Inc), Warrant Agreement (Athenahealth Inc), Warrant Agreement (Athenahealth Inc)
Assumption of Warrant. Upon the closing of any Acquisition Acquisition, the successor entity shall assume the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price Company shall be adjusted accordinglyuse reasonable efforts to cause the surviving corporation to assume the obligations of this Warrant.
Appears in 7 contracts
Samples: Warrant Agreement (Global Arena Holding, Inc.), Warrant Agreement (Global Arena Holding, Inc.), Unsecured Convertible Promissory Note and Warrant Purchase Agreement (Global Arena Holding, Inc.)
Assumption of Warrant. Upon the closing of any Acquisition the --------------------- successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 6 contracts
Samples: Loan and Security Agreement (Placeware Inc), Warrant Agreement (Tvia Inc), Warrant Agreement (Tvia Inc)
Assumption of Warrant. Upon If upon the closing of any Acquisition --------------------- the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly. The Company shall use reasonable efforts to cause the surviving corporation to assume the obligations of this Warrant.
Appears in 5 contracts
Samples: Warrant Purchase Agreement (Matrixone Inc), Warrant Agreement (Fogdog Inc), Warrant Agreement (Replaytv Inc)
Assumption of Warrant. Upon the closing of any Acquisition the successor or surviving entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, securities and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Exercise Price shall be adjusted accordingly, and the Exercise Price and number and class of Shares shall continue to be subject to adjustment from time to time in accordance with the provisions hereof.
Appears in 5 contracts
Samples: Warrant Agreement (Tolerrx Inc), Warrant Agreement (Virtusa Corp), Warrant Agreement (Virtusa Corp)
Assumption of Warrant. Upon If upon the closing of any --------------------- Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly. The Company shall use reasonable efforts to cause the surviving corporation to assume the obligations of this Warrant.
Appears in 4 contracts
Samples: Warrant Agreement (Releasenow Com Corp), Credit Terms and Conditions (Anchor Pacific Underwriters Inc), Warrant Agreement (Egain Communications Corp)
Assumption of Warrant. Upon If, upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 4 contracts
Samples: Annual Report, Warrant Agreement (First Pacific Networks Inc), Warrant Agreement (First Pacific Networks Inc)
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordinglyaccordingly so that the aggregate Warrant Price of all Shares is unchanged. The Company shall use reasonable efforts to cause the surviving corporation to assume the obligations of this Warrant.
Appears in 4 contracts
Samples: Warrant Agreement (SHARING SERVICES GLOBAL Corp), Common Stock Warrant (SHARING SERVICES GLOBAL Corp), Common Stock Warrant (Globe Net Wireless Corp.)
Assumption of Warrant. Upon the closing of any Acquisition the successor successor/acquiring entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 4 contracts
Samples: Warrant Agreement (Zamba Corp), Warrant Agreement (Zamba Corp), Warrant Agreement (Zamba Corp)
Assumption of Warrant. Upon the closing of any Acquisition other than a Cash/Public Acquisition, the successor entity shall assume the obligations of this Warrant, and this Warrant shall thereafter be exercisable for the same securities, cash, and securities and/or other property as would be payable have been paid for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on and as of the record date for closing of such Acquisition, subject to further adjustment from time to time in accordance with the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordinglyprovisions of this Warrant.
Appears in 3 contracts
Samples: Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.)
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Preferred Shares issuable upon exercise of the unexercised portion of this Warrant as if such Preferred Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 3 contracts
Samples: Warrant Agreement (Kanbay International Inc), Warrant Agreement (Kanbay International Inc), Warrant Agreement (Kanbay International Inc)
Assumption of Warrant. Upon the closing of any Acquisition Acquisition, the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price and/or number of Shares shall be adjusted accordingly.
Appears in 3 contracts
Samples: Warrant Agreement (Alliance Medical Corp), Warrant Agreement (Luna Innovations Inc), Warrant Agreement (Networth Technologies, Inc.)
Assumption of Warrant. Upon If upon the closing of any Acquisition --------------------- the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 3 contracts
Samples: Warrant Agreement (Cardima Inc), Warrant Agreement (Cardima Inc), Warrant Agreement (Cardima Inc)
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for of the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordinglyappropriately. The Company shall use commercially reasonable efforts to cause the surviving corporation to assume the obligations of this Warrant.
Appears in 3 contracts
Samples: Warrant Agreement (Trupanion Inc.), Warrant Agreement (Trupanion Inc.), Warrant Agreement (Trupanion Inc.)
Assumption of Warrant. Upon the closing of any Acquisition Acquisition, the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 2 contracts
Samples: Warrant Agreement (Novatel Wireless Inc), Warrant Agreement (Cornerstone Iv LLC)
Assumption of Warrant. Upon the closing of any Acquisition other than those particularly described in subsections (ii) and (iii) above, the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Warrant Shares issuable upon exercise of the unexercised portion of this Warrant as if such Warrant Shares were outstanding on the record date for the Acquisition and subsequent closing. The terms of this Warrant Price shall be adjusted accordingly.
Appears in 2 contracts
Samples: Warrant Agreement (Nimblegen Systems Inc), Warrant Agreement (Nimblegen Systems Inc)
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of or the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.,
Appears in 2 contracts
Samples: Warrant Agreement (Applied Molecular Evolution Inc), Warrant Agreement (Applied Molecular Evolution Inc)
Assumption of Warrant. Upon the closing of any Acquisition, other than an Acquisition in which the consideration received by the Company’s stockholders consists solely of cash, the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, securities and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 2 contracts
Samples: Loan and Security Agreement (Anda Networks Inc), Warrant Agreement (Anda Networks Inc)
Assumption of Warrant. Upon the closing of any Acquisition the successor or surviving entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, securities and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Exercise Price shall be adjusted accordingly.
Appears in 2 contracts
Samples: Warrant Agreement (Dataware Technologies Inc), Warrant Agreement (Dataware Technologies Inc)
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares WARRANT TO PURCHASE STOCK -------------------------------------------------------------------------------- were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 2 contracts
Samples: Warrant Agreement (Greenfield Online Inc), Warrant Agreement (Greenfield Online Inc)
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of f this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 2 contracts
Samples: Warrant Agreement (Superconductor Technologies Inc), Warrant Agreement (Superconductor Technologies Inc)
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price Company shall be adjusted accordinglycause the surviving corporation to assume the obligations of this Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Futurelink Corp), Warrant Agreement (Futurelink Corp)
Assumption of Warrant. Upon the closing of any Acquisition Acquisition, the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price and/or number of Shares (as applicable) shall be adjusted accordingly.
Appears in 2 contracts
Samples: Warrant Agreement (SPS Commerce Inc), Warrant Agreement (SPS Commerce Inc)
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 2 contracts
Samples: Warrant Agreement (Iomed Inc), Warrant Agreement (Iomed Inc)
Assumption of Warrant. Upon the closing of any Acquisition acquisition the successor entity shall must assume the obligations of this Warrant, and causing this Warrant shall to be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Samples: Warrant Agreement (National Manufacturing Technologies)
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly. The Company shall not consummate any Acquisition unless the acquiring or surviving entity assumes, by written instrument executed and delivered to Holder, the obligations of this Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Afp Imaging Corp)
Assumption of Warrant. Upon the closing of any Acquisition the --------------------- successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Exercise Price shall be adjusted accordingly.
Appears in 1 contract
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price and consideration issuable upon exercise of the Warrant shall be adjusted accordinglyaccordingly for such Acquisition.
Appears in 1 contract
Assumption of Warrant. Upon If the Company does not redeem this Warrant pursuant to Section 1.7.11 above, and upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Samples: Warrant Agreement (Edgar Online Inc)
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume the assumes the· obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly. The Company shall use reasonable efforts to cause the surviving corporation to assume the obligations of this Warrant.
Appears in 1 contract
Assumption of Warrant. Upon If upon the closing of any Acquisition the --------------------- successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly. The Company shall use reasonable efforts to cause the surviving corporation to assume the obligations of this Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Consilium Inc)
Assumption of Warrant. Upon the closing of any Acquisition Acquisition, the --------------------- successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares Share were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price price shall be adjusted accordingly.
Appears in 1 contract
Samples: Asset Purchase Agreement (Firstamerica Automotive Inc /De/)
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares 2 issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price Company shall be adjusted accordinglycause the surviving corporation to assume the obligations of this Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Futurelink Corp)
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, cash and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Samples: Warrant Agreement (Netlibrary Inc)
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.. Warrant to Purchase Stock --------------------------------------------------------------------------------
Appears in 1 contract
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this his Warrant shall be exercisable for the same securities, cash, cash and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Assumption of Warrant. Upon the closing dosing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Samples: Loan and Security Agreement (Sagent Technology Inc)
Assumption of Warrant. Upon If upon the closing of any Acquisition --------------------- the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised Unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly. The Company shall use reasonable efforts to cause the surviving corporation to assume the obligations of this Warrant.
Appears in 1 contract
Samples: Warrant Agreement (2bridge)
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.Shares
Appears in 1 contract
Samples: Warrant Agreement (Superconductor Technologies Inc)
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume entity, if any, assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing, if any. The Warrant Price shall be adjusted accordingly. The Company shall use reasonable efforts to cause the surviving corporation, if any, to assume the obligations of this Warrant.
Appears in 1 contract
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, cash and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly. The Company shall use reasonable efforts to cause the surviving corporation to assume the obligations of the Warrant.
Appears in 1 contract
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly. The Company shall not consummate any Acquisition unless the acquiring or surviving entity assumes, by written instrument executed and delivered to the Holder, the obligations of this Warrant.
Appears in 1 contract
Samples: Warrant Agreement (NQL Inc)
Assumption of Warrant. Upon the closing of any Acquisition --------------------- Acquisition, the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Exercise Price shall be adjusted accordingly.
Appears in 1 contract
Samples: Warrant Agreement (Phase2media Inc)
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Warrant Shares issuable upon exercise of the unexercised portion of this Warrant as if such Warrant Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Exercise Price shall be adjusted accordingly.
Appears in 1 contract
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for before the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Samples: Warrant Agreement (Orthometrix Inc)
Assumption of Warrant. Upon the closing of any Acquisition (as defined in Section 1.7.1(b) above) the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, cash and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Samples: Warrant Agreement (Cardionet Inc)
Assumption of Warrant. Upon the closing of any Acquisition ----------------------- the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Initial Exercise Price and/or number of shares shall be adjusted accordingly.
Appears in 1 contract
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor entity shall assume assumes the obligations of this Warrant, and then this Warrant shall be exercisable exercisable, for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Warrant Shares issuable upon exercise of the unexercised portion of this Warrant as if such Warrant Shares were outstanding on the record date for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Assumption of Warrant. Upon If upon the closing of any Acquisition the successor or surviving entity shall assume expressly assumes the obligations of the Company pursuant to this Warrant, then from and after the closing of such Acquisition, this Warrant shall be exercisable for the same securities, cash, cash and property as would be payable for the Shares issuable upon exercise or exchange of the unexercised portion of this Warrant as if such Shares were outstanding on the record date for for, or the Acquisition and subsequent closingclosing of, the Acquisition. The Warrant Price shall be adjusted accordingly.
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Assumption of Warrant. Upon the closing of any Acquisition the successor entity shall assume the obligations of this Warrant, and this Warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on the record date data for the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
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Samples: Warrant Agreement (Omniture, Inc.)