Common use of Assumption of Warrant Clause in Contracts

Assumption of Warrant. If upon the closing of any Acquisition the successor entity assumes the obligations of this warrant, 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 97 contracts

Samples: Warrant to Purchase Stock (Sagimet Biosciences Inc.), Warrant Agreement (Sagimet Biosciences Inc.), Warrant Agreement (Sagimet Biosciences Inc.)

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Assumption of Warrant. If upon Upon the closing of any Acquisition not referred to in Section 1.6.2, the successor entity assumes shall assume the obligations of this warrant, then 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 accordingly. The Company shall use reasonable efforts to cause the surviving corporation to assume the obligations provisions of this warrant.

Appears in 23 contracts

Samples: Warrant Agreement (Braze, Inc.), Warrant Agreement (Braze, Inc.), Warrant Agreement (Amplitude, Inc.)

Assumption of Warrant. If upon the closing of any Acquisition the successor entity assumes the obligations of this warrant, 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 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 (Newgistics, Inc), Loan and Security Agreement (Photoworks Inc /Wa), Loan and Security Agreement (Photoworks Inc /Wa)

Assumption of Warrant. If upon the closing of any Acquisition the successor entity assumes the obligations of this warrant, 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 3 contracts

Samples: Warrant Agreement (Tobira Therapeutics, Inc.), Warrant Agreement (Tobira Therapeutics, Inc.), Warrant Agreement (Evoke Pharma Inc)

Assumption of Warrant. If upon the closing of any Acquisition the successor entity assumes the obligations of this warrant, 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 Aquisition 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: Warrant Agreement (Rackspace Hosting, Inc.), Warrant Agreement (Rackspace Hosting, Inc.)

Assumption of Warrant. If upon the closing of any Acquisition the successor entity assumes the obligations of this warrant, 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 commercially reasonable efforts to cause the surviving corporation to assume the obligations of this warrant.

Appears in 2 contracts

Samples: Warrant Agreement (Rally Software Development Corp), Warrant Agreement (Rally Software Development Corp)

Assumption of Warrant. If upon Upon the closing of any Acquisition Acquisition, the successor entity assumes shall assume the obligations of this warrant, then and this warrant shall be exercisable for the same securities, cash, and property as would be payable for or 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: Warrant Agreement (Accelerize Inc.), Warrant Agreement (Accelerize New Media Inc)

Assumption of Warrant. If upon Upon the closing of any Acquisition the Company shall cause the successor entity assumes to assume the obligations of this warrant, then provided that the Holder has not otherwise exercised this warrant in full, 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. The Company shall use reasonable efforts to cause the surviving corporation to assume the obligations of this warrant.

Appears in 2 contracts

Samples: Warrant Agreement (Combinatorx, Inc), Warrant Agreement (Combinatorx, Inc)

Assumption of Warrant. If upon Upon the closing of any Acquisition the successor entity assumes shall assume the obligations of this warrant, then and this warrant shall then 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: Warrant Agreement (Archemix Corp.), Warrant Agreement (Archemix Corp.)

Assumption of Warrant. If upon the closing of any Acquisition the successor entity assumes the obligations of this warrant, 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 (Reliant Technologies Inc)

Assumption of Warrant. If upon the closing of any ----------------------- Acquisition the successor entity assumes the obligations of this warrant, 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 (Exten Industries Inc)

Assumption of Warrant. If upon the closing of any Acquisition the successor entity assumes the obligations of this warrant, then this warrant shall be exercisable for the same securities, cash, and property as would be payable for the Shares underlying the Units 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 (Convio, Inc.)

Assumption of Warrant. If upon the closing of any Acquisition the successor entity assumes the obligations of this warrant, 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 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 (Newgistics, Inc)

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Assumption of Warrant. If upon the closing of any Acquisition the --------------------- successor entity assumes the obligations of this warrant, 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 (Citadel Security Software Inc)

Assumption of Warrant. If upon the closing of any Acquisition the successor entity assumes the obligations of this warrant, 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 1 contract

Samples: Warrant Agreement (Otonomy, Inc.)

Assumption of Warrant. If upon the closing of any Acquisition the successor entity assumes the obligations of this warrantWarrant, 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 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 warrantWarrant.

Appears in 1 contract

Samples: Warrant Agreement (IPC the Hospitalist Company, Inc.)

Assumption of Warrant. If upon the closing of any Acquisition Acquisition, the successor entity assumes the obligations of this warrant, then this warrant shall be exercisable for the same securities, cash, and property of the successor 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 (Kalobios Pharmaceuticals Inc)

Assumption of Warrant. If upon the closing of any Acquisition the successor entity expressly assumes the obligations of this warrant, 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 (Tangoe Inc)

Assumption of Warrant. If upon the closing of any --------------------- Acquisition the successor entity assumes the obligations of this warrant, 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 (Citadel Security Software Inc)

Assumption of Warrant. If upon Upon the closing of any Acquisition not referred to in Section 1.6.2, the successor entity assumes shall assume the obligations of this warrant, then 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 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.if

Appears in 1 contract

Samples: Warrant Agreement (Nalu Medical, Inc.)

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