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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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 11 contracts
Samples: Warrant Agreement (Immunomedics Inc), Warrant Agreement (Venture Catalyst Inc), Meridian Usa Holdings 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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. 16.
Appears in 10 contracts
Samples: Shells Seafood Restaurants Inc, Shells Seafood Restaurants Inc, Shells Seafood Restaurants 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's ’s expense, 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 or conversion in accordance with this Warrant; provided, however, 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 8 contracts
Samples: Telzuit Medical Technologies, Inc., Cruisestock Inc., Cruisestock 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereofWarrantholder. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof Warrantholder but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof Warrantholder in respect of any rights to which the holder hereof Warrantholder shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof Warrantholder to make any such request shall not affect the continuing obligation of the Company to the holder hereof Warrantholder in respect of such rights.
Appears in 8 contracts
Samples: Cytomedix Inc, Cytomedix Inc, Cytomedix 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, and all of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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 Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion 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 7 contracts
Samples: Warrant Purchase Agreement (Ribogene Inc / Ca/), Ribogene Inc / Ca/, Epix Medical 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereofWarrantholder. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof Warrantholder but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder hereof Warrantholder in respect of any rights to which the holder hereof Warrantholder shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof Warrantholder to make any such request shall not affect the continuing obligation of the Company to the holder hereof Warrantholder in respect of such rights.
Appears in 7 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 ’s assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof Holder but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder hereof Holder in respect of any rights to which the holder hereof Holder shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof Holder to make any such request shall not affect the continuing obligation of the Company to the holder hereof Holder in respect of such rights.
Appears in 6 contracts
Samples: Warrant Number Cs (Medical Solutions Management Inc.), Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.), Security Agreement (Medical Solutions Management 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's ’s expense, 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 or conversion 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 6 contracts
Samples: Registration Rights Agreement (Medical Solutions Management Inc.), China Media Networks International Inc., China Media Networks International 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion in accordance with this Warrant; provided, however, 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 6 contracts
Samples: Cytation Corp, Cytation Corp, Cytation Corp
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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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) to which the holder hereof shall continue to be entitled after such exercise or conversion 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 5 contracts
Samples: Regenerx Biopharmaceuticals Inc, Regenerx Biopharmaceuticals Inc, Regenerx Biopharmaceuticals 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion in accordance with this Warrant; provided, however, 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 5 contracts
Samples: Cytation Corp, Cytation Corp, Cytation Corp
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, and all of the obligations of the Company relating to the Common Stock Series Preferred issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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 Registrable Securities to which the holder hereof shall continue to be entitled after such exercise or conversion 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 4 contracts
Samples: Vixel Corp, Combichem Inc, Exactis Com 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this 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 or conversion of this Warrant, in whole or in part, upon request of the holder Holder 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 or conversion in accordance with this Warrant; 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 3 contracts
Samples: Taylor Madison Corp, Taylor Madison Corp, Taylor Madison Corp
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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant Warrant, and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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 3 contracts
Samples: Analogy Inc, Analogy Inc, Analogy 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion in accordance with this Warrant; provided, however, 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 3 contracts
Samples: Cfi Proservices Inc, Cfi Proservices Inc, Med Diversified 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, and all . All of the obligations of the Company relating to the Shares, or the Company’s Common Stock issuable upon the exercise or conversion of this Warrant thereof, shall survive the exercise, conversion exercise and termination of this Warrant and all 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's ’s expense, 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 or conversion 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 3 contracts
Samples: Reply! Inc, Reply! Inc, Reply! 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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 3 contracts
Samples: Security Agreement (QMS Inc), Graphix Zone Inc /De/, Banyan 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 assets, and all assets unless otherwise agreed by the Holder. All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all 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 or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder 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 or conversion 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 Holder hereof in respect of such rights.
Appears in 3 contracts
Samples: Patent License Agreement (Wavesplitter Technologies Inc), Patent License Agreement (Wavesplitter Technologies Inc), Patent License Agreement (Wavesplitter 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this 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 or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Registrable Securities) to which the holder Holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; 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 3 contracts
Samples: Exelixis Inc, Exelixis Inc, Exelixis 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, and all of the obligations of the Company relating to the Common Stock Series Preferred issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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) to which the holder hereof shall continue to be entitled after such exercise or conversion 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: Intercreditor Agreement (Corsair Communications Inc), Microsoft Corp
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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion in accordance with this Warrant; providedPROVIDED, 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: Pioneer Venture Fund, Goldman Sachs Group Lp
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, and all of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof Holder but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder hereof Holder 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 Holder shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, provided that the failure of the holder hereof Holder to make any such request shall not affect the continuing obligation of the Company to the holder hereof Holder in respect of such rights.
Appears in 2 contracts
Samples: Rights Agreement (Tessera Technologies Inc), 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 assets, and all of the obligations of the Company relating to the Common Stock Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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) to which the holder hereof shall continue to be entitled after such exercise or conversion 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: Exelixis Inc, Shaman Pharmaceuticals 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this 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 or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Registrable Securities) to which the holder Holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; providedPROVIDED, 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 2 contracts
Samples: Exelixis Inc, Exelixis 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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: Taylor Madison Corp, Taylor Madison Corp
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, and all of the obligations of the Company relating to the Common Stock Series Preferred issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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) to which the holder hereof shall continue to be entitled after such exercise or conversion 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: Loan and Security Agreement (Corsair Communications Inc), Corsair Communications 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, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns assign of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder 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 or conversion in accordance with this Warrant; , 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 2 contracts
Samples: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Cosine Communications 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, and all . All of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns assign of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder 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 or conversion 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 Holder hereof in respect of such rights.
Appears in 2 contracts
Samples: Loan Agreement (Active Software Inc), Loan Agreement (Verisign Inc/Ca)
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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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: Warrant Agreement (Video Update Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation person or entity succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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: Neotherapeutics 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, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all 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 or conversion of this Warrant, Warrant in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder 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 or conversion 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 Holder hereof in respect of such rights.
Appears in 1 contract
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, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns assign of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but and at the Company's Holder’s expense, acknowledge in writing its continuing obligation to the holder 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 or conversion in accordance with this Warrant; 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 (Oculus Innovative Sciences, 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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
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, and all of the obligations of the Company relating to the Common Stock Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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) to which the holder hereof shall continue to be entitled after such exercise or conversion 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: Virologic 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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: Warrant Agreement (Video Update 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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 Registrable Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion 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
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, and all . All of the obligations of the Company relating to the Shares, or the Company's Common Stock issuable upon the exercise or conversion of this Warrant thereof, shall survive the exercise, conversion exercise and termination of this Warrant and all 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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 in accordance with Section 9) to which the holder hereof shall continue to be entitled after such exercise or conversion 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: Skydesk 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’s assets (to the extent provided in Section 4), and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion conversion, and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's ’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 Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion 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 company to the holder hereof in respect of such rights.
Appears in 1 contract
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, and all of the obligations of the Company relating to the Common Common. Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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
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, and all . All of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns assign of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder 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 or conversion 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 Holder hereof in respect of such rights.
Appears in 1 contract
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, and all . All of the obligations of the Company relating to the Shares, or the Company's Common Stock issuable upon the exercise or conversion of this Warrant thereof, shall survive the exercise, conversion exercise and termination of this Warrant and all 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, will at the time of the exercise or conversion of this Warrant, Warrant in whole or in part, part upon request of the holder hereof 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 in accordance with Section 9) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this WarrantWarrant 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: Skydesk 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 willshall, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion in accordance with this Warrant; providedPROVIDED, 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: Med Diversified 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant Shares shall survive the exercise, conversion exercise and termination of this Warrant Warrant, and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof, except as otherwise set forth herein. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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) to which the holder hereof shall continue to be entitled after such exercise or conversion 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: Avp Inc
Binding Effect on Successors. This Subject to Section 4.3, 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, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. 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 or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder 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 or conversion in accordance with this Warrant; 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 (Emphasys Medical, 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, and all of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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 Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any nay 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: Epix Medical 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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this 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 or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's ’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 or conversion in accordance with this Warrant; provided, however, 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: Brookside Technology Holdings, Corp.
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, and all of the obligations of the Company relating to the Common Stock Series Preferred issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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) to which the holder hereof shall continue to be entitled after such exercise or conversion 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.of
Appears in 1 contract
Samples: Exelixis 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, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns or assign of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder 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 or conversion 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 Holder hereof in respect of to such rights.
Appears in 1 contract
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, and all of the obligations of the Company relating to the Common Stock Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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: Integrated Packaging Assembly Corp
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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 Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion 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: Ribogene Inc / Ca/
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, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all 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 or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder 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 or conversion in accordance with this Warrant; 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
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, and all of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's Companys 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 Registrable Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that 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: Warrant Purchase Agreement (Oregon Baking Co Dba Marsee Baking)
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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, ; in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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: Tesseract Group Inc
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or consolidation, acquisition of all or substantially all of the Company's assets, and all assets or otherwise. All of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant Shares shall survive the exercise, conversion exercise and termination of this Warrant and all 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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 in accordance with Appendix II) to which the holder hereof shall continue to be entitled after such exercise or conversion 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: Warrant Purchase Agreement (Venturi 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, and all of the obligations of the Company relating to the Common Stock Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, 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 or conversion 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: Integrated Packaging Assembly Corp
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, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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 Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion 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: Tanox 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, and all . All of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant Shares shall survive the exercise, conversion exercise and termination of this Warrant and all 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 or conversion of this Warrant, in whole or in part, upon request of the holder hereof 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 in accordance with the Registration Rights Agreement) to which the holder hereof shall continue to be entitled after such exercise or conversion 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
