Assumption of Warrant. If, at any time, while this Warrant or any portion hereof is outstanding and unexpired there shall be a Fundamental Change, then, as a part of such Fundamental Change, lawful provision shall be made so that the Holder will thereafter be entitled to receive, upon the exercise of this Warrant during the period specified herein and upon payment of the Exercise Price then in effect, the number of shares of stock or other securities or property of the successor entity resulting from the Fundamental Change which a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in the Fundamental Change if this Warrant had been exercised immediately before the Fundamental Change; and, in any such case, appropriate adjustment (as determined by the Company’s Board of Directors) will be made in the application of the provisions herein set forth with respect to the rights and interests thereafter of the Holder to the end that the provisions set forth herein (including provisions with respect to changes in and other adjustments of the number of Warrant Shares the Holder is entitled to purchase) will thereafter be applicable, as nearly as possible, in relation to any Warrant Shares or other securities or other property thereafter deliverable upon the exercise of this Warrant.
Appears in 4 contracts
Samples: Warrant Agreement (Singulex Inc), Warrant Agreement (Singulex Inc), Warrant Agreement (Singulex Inc)
Assumption of Warrant. If, at any time, while this Warrant or any portion hereof is outstanding and unexpired there shall be a Fundamental Change, then, as a part of such Fundamental Change, lawful provision shall be made so that the Holder will thereafter be entitled to receive, upon the exercise of this Warrant during the period specified herein and upon payment of the Exercise Price then in effect, the number of shares of stock or other securities or property of the successor entity resulting from the Fundamental Change which a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in the Fundamental Change if this Warrant had been exercised immediately before the Fundamental Change; and, in any such case, appropriate adjustment (as determined by the Company’s Board of Directors) will be made in the application of the provisions herein set forth with respect to the rights and interests thereafter of the Holder to the end that the provisions set forth herein (including provisions with respect to changes in and other adjustments of the number of Warrant Shares Securities the Holder is entitled to purchase) will thereafter be applicable, as nearly as possible, in relation to any Warrant Shares Securities or other securities or other property thereafter deliverable upon the exercise of this Warrant.
Appears in 3 contracts
Samples: Warrant Agreement (Singulex Inc), Warrant Agreement (Singulex Inc), Warrant Agreement (Singulex Inc)
Assumption of Warrant. If, If at any time, time while this Warrant Warrant, or any portion hereof thereof, is outstanding and unexpired there shall be a Fundamental ChangeCorporate Transaction, then, as a part of such Fundamental Changetransaction, lawful provision shall be made so that the Holder will shall thereafter be entitled to receive, receive upon the exercise of this Warrant Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, the number of shares of stock or other securities or property of the successor entity corporation resulting from the Fundamental Change Corporate Transaction which a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in the Fundamental Change such Corporate Transaction if this Warrant had been exercised immediately before the Fundamental Changesuch Corporate Transaction, all subject to further adjustment as provided in this Section 13; and, in any such case, appropriate adjustment (as determined by the Company’s Board of Directors) will shall be made in the application of the provisions herein set forth with respect to the rights and interests thereafter of the Holder to the end that the provisions set forth herein (including provisions with respect to changes in and other adjustments of the number of Warrant Shares the Holder is entitled to purchase) will shall thereafter be applicable, as nearly as possible, in relation to any Warrant Shares shares of Preferred Stock or other securities or other property thereafter deliverable upon the exercise of this Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Switchback Energy Acquisition Corp), Warrant Agreement (Switchback Energy Acquisition Corp)
Assumption of Warrant. If, If at any time, time while this Warrant Warrant, or any portion hereof thereof, is outstanding and unexpired there shall be a Fundamental ChangeCorporate Transaction, then, as a part of such Fundamental Changetransaction, lawful provision shall be made so that the Holder will shall thereafter be entitled to receive, receive upon the exercise of this Warrant Warrant, during the period specified herein and upon payment of the Exercise Price then in effect, the number of shares of stock or other securities or property of the successor entity corporation resulting from the Fundamental Change Corporate Transaction which a holder of the shares deliverable upon exercise of this Warrant would have been entitled to receive in the Fundamental Change such Corporate Transaction if this Warrant had been exercised immediately before the Fundamental Changesuch Corporate Transaction, all subject to further adjustment as provided in this Section 13; and, in any such case, appropriate adjustment (as determined by the Company’s 's Board of Directors) will shall be made in the application of the provisions herein set forth with respect to the rights and interests thereafter of the Holder to the end that the provisions set forth herein (including provisions with respect to changes in and other adjustments of the number of Warrant Conversion Shares the Holder is entitled to purchase) will shall thereafter be applicable, as nearly as possible, in relation to any Warrant Shares shares of Preferred Stock or other securities or other property thereafter deliverable upon the exercise of this Warrant.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (One Link 4 Travel Inc)