Common use of Binding Effect on Successors Clause in Contracts

Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets. All of the obligations of the Company relating to the shares of Common Stock issued upon exercise of this Warrant shall survive the exercise and termination of this Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the Holder hereof. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder hereof, acknowledge in writing its continuing obligation to the Holder hereof in respect of any rights to which the Holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided that the failure of the Holder hereof to make any such request shall not affect the continuing obligation of the Company to the Holder hereof in respect of such rights.

Appears in 2 contracts

Samples: Us Search Corp Com, Us Search Corp Com

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Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets. All of the obligations of the Company relating to the shares of Common Stock issued issuable upon the exercise of this Warrant shall survive the exercise and termination of this Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns assign of the Holder holder hereof. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder hereofhereof but at the Company's expense, acknowledge in writing its continuing obligation to the Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Common Stock) to which the Holder holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided provided, that the failure of the Holder holder hereof to make any such request shall not affect the continuing obligation of the Company to the Holder hereof in respect of such rights.to

Appears in 1 contract

Samples: Loan Agreement (Digital Generation Systems Inc)

Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's ’s assets. All , and all of the obligations of the Company relating to the shares of Common Stock issued New Preferred issuable upon the exercise of this Warrant shall survive the exercise and termination of this Warrant. All Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the Holder hereofHolder. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder hereofbut at the Company’s expense, acknowledge in writing its continuing obligation to the Holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares pursuant to Section 9 above) to which the Holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided that the failure of the Holder hereof to make any such request shall not affect the continuing obligation of the Company to the Holder hereof in respect of such rights.

Appears in 1 contract

Samples: Tessera Technologies Inc

Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's ’s assets. All of the obligations of the Company relating to the shares of Common Stock issued issuable upon the exercise of this Warrant shall survive the exercise and termination of this Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the Holder hereof. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder hereofhereof but at Company’s expense, acknowledge in writing its continuing obligation to the Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Common Stock) to which the Holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided provided, that the failure of the Holder hereof to make any such request shall not affect the continuing obligation of the Company to the Holder hereof in respect of such rights.

Appears in 1 contract

Samples: Foreclosure Sale Agreement (MultiCell Technologies, Inc.)

Binding Effect on Successors. This Warrant shall be binding upon any ---------------------------- corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets. All of the obligations of the Company relating to the shares of Common Stock issued upon exercise of this Warrant shall survive the exercise and termination of this Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the Holder hereof. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder hereof, acknowledge in writing its continuing obligation to the Holder hereof in respect of any rights to which the Holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided that the failure of the Holder hereof to make any such request shall not affect the continuing obligation of the Company to the Holder hereof in respect of such rights.

Appears in 1 contract

Samples: Us Search Corp Com

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Binding Effect on Successors. This Warrant shall be binding upon any corporation entity succeeding the Company by mergerconversion, consolidation merger or acquisition of consolidation, and all or substantially all of the Company's assets. All of the obligations of the Company relating to the shares of Common Stock issued Shares issuable upon the exercise of this Warrant shall survive the exercise and termination of this Warrant. All Warrant and all of the covenants and agreements herein and in such other documents and instruments of the Company shall inure to the benefit of the successors and assigns of the Holder hereofHolder. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder hereofbut at the Company's expense, acknowledge in writing its continuing obligation to the Holder hereof in respect of to any rights to which the Holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided provided, that the failure of the Holder hereof to make any such request shall not affect the continuing obligation of the Company to the Holder hereof in respect of such rights.

Appears in 1 contract

Samples: Cubic Energy Inc

Binding Effect on Successors. This Warrant shall be binding upon any corporation entity succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets. All , and all of the obligations of the Company relating to the shares of Common Stock issued upon exercise of this Warrant Shares shall survive the exercise and termination of this Warrant. All Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the Holder holder hereof. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder hereofholder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the Holder holder hereof in respect of any rights to which the Holder holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided provided, that the failure of the Holder holder hereof to make any such request shall not affect the continuing obligation of the Company to the Holder holder hereof in respect of such rights.

Appears in 1 contract

Samples: ORBCOMM Inc.

Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets. All , and all of the obligations of the Company relating to the shares of Common Stock issued upon exercise of this Warrant Shares shall survive the exercise and termination of this Warrant. All Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the Holder holder hereof. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder hereofholder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the Holder holder hereof in respect of any rights to which the Holder holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided provided, that the failure of the Holder holder hereof to make any such request shall not affect the continuing obligation of the Company to the Holder holder hereof in respect of such rights.

Appears in 1 contract

Samples: Loan and Security Agreement (Versata Inc)

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