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 65 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 Promissory Note 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: Trupanion Inc., Trupanion Inc., 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: Advanced Power Technology Inc, Loan Agreement (Natural Gas Vehicle Systems Inc), Security Agreement (Masimo 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 Initial Exercise Price and/or number of Shares shall be adjusted accordingly.
Appears in 24 contracts
Samples: Warrant Agreement (Alexza Pharmaceuticals Inc.), Jamdat Mobile Inc, Network Computing Devices Inc
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: Notice Of (Endocyte Inc), Endocyte Inc, Loan and Security Agreement (Salient Surgical 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: Antidilution Agreement (Digital Insight Corp), Registration Rights Agreement (Clarus Corp), Registration Rights Agreement (Sonic Innovations 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 11 contracts
Samples: Stock Purchase (Tidelands Oil & Gas Corp), Aml Communications Inc, Stock Purchase (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 Exercise Price shall be adjusted accordingly.
Appears in 8 contracts
Samples: Athenahealth Inc, Athenahealth Inc, Athenahealth 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 7 contracts
Samples: Haht Commerce Inc, Intellisys Group Inc, Tvia 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: Global Arena Holding, Inc., Global Arena Holding, Inc., 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 Modification Agreement (Placeware Inc), Tvia Inc, Suppliermarket Com Inc /De
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: Tolerrx Inc, Virtusa Corp, 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 5 contracts
Samples: Warrant Purchase Agreement (Matrixone Inc), Digital Sound Corp, Fogdog 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 4 contracts
Samples: Antidilution Agreement (Anchor Pacific Underwriters Inc), Releasenow Com Corp, Egain Communications 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: Zamba Corp, Zamba Corp, Zamba 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 3 contracts
Samples: Cardima Inc, Cardima Inc, 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 the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 3 contracts
Samples: Share Purchase Agreement, First Pacific Networks Inc, First Pacific Networks 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: Kanbay International Inc, Kanbay International Inc, 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: Purchase Stock (Luna Innovations Inc), Alliance Medical Corp, 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 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: Trupanion Inc., Trupanion Inc., Trupanion Inc.
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 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
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: SPS Commerce Inc, 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 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: Applied Molecular Evolution Inc, Applied Molecular Evolution 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: Dataware Technologies Inc, 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 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 2 contracts
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: Futurelink Corp, 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 shall be adjusted accordingly.
Appears in 2 contracts
Samples: Novatel Wireless Inc, 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: Nimblegen Systems Inc, Nimblegen Systems 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: Superconductor Technologies Inc, Superconductor 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: Registration Rights Agreement (Greenfield Online Inc), Greenfield Online 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, 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
Samples: Imperial Bank Antidilution Agreement (Imaging Technologies Corp/Ca)
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.
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 shall be adjusted accordingly.
Appears in 1 contract
Samples: Charys Holding Co 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. 1.7.3.
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.. Warrant to Purchase Stock --------------------------------------------------------------------------------
Appears in 1 contract
Samples: Lightspan Partnership 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 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.
Appears in 1 contract
Samples: Everyday Health, 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
Samples: Auspex Pharmaceuticals, 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: National Manufacturing Technologies
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: 2bridge
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
Samples: Focus Enhancements 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.and the number and type of securities subject to the Warrant shall
Appears in 1 contract
Samples: Earthshell Container Corp
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 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
Samples: Ribogene Inc / Ca/
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: Cardionet 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 --------------------- 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: Phase2media 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 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
Samples: Wavesplitter 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 Initial Exercise Price and/or number of shares shall be adjusted accordingly.
Appears in 1 contract
Samples: Rubicon Technology, Inc.
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
Samples: Saleslogix 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 before the Acquisition and subsequent closing. The Warrant Price shall be adjusted accordingly.
Appears in 1 contract
Samples: Orthometrix 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.and the number and type of securities subject to the
Appears in 1 contract
Samples: Earthshell Container Corp
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
Samples: Masergy Communications 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 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: Witness Systems 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 1 contract
Samples: Holiday Rv Superstores 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 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: NQL Inc
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: Edgar Online 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 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: 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, 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
Samples: Castwell Precast 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 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
Samples: Emerging Delta 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.Shares
Appears in 1 contract
Samples: Superconductor 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 paid, issued or exchanged (as applicable) 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: Celator Pharmaceuticals Inc
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: 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, 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: Netlibrary Inc