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, 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 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 4 contracts
Samples: Accounts Receivable Financing Agreement (Mercator Software Inc), Warrant Agreement (Greenfield Online Inc), Warrant Agreement (Greenfield Online Inc)
Assumption of Warrant. Upon the closing of any Acquisition 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 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 3 contracts
Samples: Warrant Agreement (Forma Therapeutics Holdings, Inc.,), Warrant to Purchase Preferred Stock (Reply! Inc), Warrant Agreement (Convio, Inc.)
Assumption of Warrant. Upon the closing of any Acquisition and as a condition precedent thereto, 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 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 2 contracts
Samples: Warrant Agreement (Rubicon Technology, Inc.), Warrant to Purchase Preferred Stock (ARYx Therapeutics, Inc.)
