Common use of Cash Acquisition Clause in Contracts

Cash Acquisition. In the event of an Acquisition in which the sole consideration is cash, Holder may either (a) exercise its conversion or purchase right under this Warrant and such exercise will be deemed effective immediately prior to the consummation of such Acquisition or (b) permit the Warrant to expire automatically upon the consummation of such Acquisition. Company shall provide Holder with written notice of any proposed Acquisition together with such reasonable information as Holder may request in connection with such contemplated Acquisition giving rise to such notice, which is to be delivered to Holder not less than ten (10) business days prior to the closing of the proposed Acquisition.

Appears in 11 contracts

Samples: Warrant Agreement, Warrant Agreement (Cytori Therapeutics, Inc.), Warrant Agreement (Cytori Therapeutics, Inc.)

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Cash Acquisition. In the event of an Acquisition in which the sole consideration is cash, Holder may either (a) exercise its conversion or purchase right under this Warrant and such exercise will be deemed effective immediately prior to the consummation of such Acquisition or (b) permit the Warrant to expire automatically upon the consummation of such Acquisition. Company shall provide Holder with written notice of any proposed Acquisition together with such reasonable information as Holder may request in connection with such contemplated Acquisition giving rise to such notice, which is to be delivered to Holder not less than ten (10) business days prior to the closing of the proposed Acquisition.

Appears in 9 contracts

Samples: Warrant Agreement (Endocyte Inc), Warrant Agreement (BIND Therapeutics, Inc), Warrant Agreement (Endocyte Inc)

Cash Acquisition. In the event of an Acquisition in which the sole consideration is cash, Holder may either (a) exercise its conversion or purchase right under this Warrant and such exercise will be deemed effective immediately prior to the consummation of such Acquisition or (b) permit the Warrant to expire automatically upon the consummation of such Acquisition. Company shall provide Holder with written notice of any proposed Acquisition together with such reasonable information as Holder may request in connection with such contemplated Acquisition giving rise to such notice, which is to be delivered to Holder not less than ten (10) business days Business Days prior to the closing of the proposed Acquisition.

Appears in 5 contracts

Samples: Loan Agreement, Warrant Agreement (Peplin Inc), Warrant Agreement (Peplin Inc)

Cash Acquisition. In the event of an Acquisition in which the sole consideration is cash, Holder may either (a) exercise its conversion or purchase right under this Warrant and such exercise will be deemed effective immediately prior to the consummation of such Acquisition or (b) permit the Warrant to expire automatically upon the consummation of such Acquisition. Company shall provide Holder with written notice of any proposed Acquisition together with such reasonable information as Holder may request in connection with such contemplated Acquisition giving rise to such notice, which is to be delivered to Holder not less than ten (10) business days Business Days prior to the closing of the proposed Acquisition. Any such exercise may be made prior to, but conditioned on, such Acquisition.

Appears in 2 contracts

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

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Cash Acquisition. In the event of an Acquisition in which the sole consideration is cash, Holder may either (a) Holder may exercise its conversion or purchase right under this Warrant and such exercise will be deemed effective immediately prior to the consummation of such Acquisition or (b) permit the subject to Section 3(d) above, this Warrant to shall expire automatically upon the consummation of such Acquisition. Company shall provide Holder with written notice of any proposed Acquisition together with such reasonable information as Holder may request in connection with such contemplated Acquisition giving rise to such notice, which is to be delivered to Holder not less than ten (10) business days prior to the closing of the proposed Acquisition.

Appears in 1 contract

Samples: Warrant Agreement (Zogenix, Inc.)

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