Common use of Assumption of Warrant Clause in 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 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.)

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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

Samples: Iomed Inc, Iomed 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 (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

Samples: Art Technology Group Inc, Art Technology Group 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: 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

Samples: Acknowledgement and Agreement (Omniture, 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

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

Samples: Loan and Security Agreement (Onsale 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

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

Samples: Registration Rights Agreement (Conductus Inc)

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

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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

Samples: Antidilution Agreement (Consilium 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 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

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