Common use of Certain Business Combinations Clause in Contracts

Certain Business Combinations. The Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other entity unless the successor or purchasing entity, as the case may be (if not the Company), shall expressly agree to provide to each Holder the securities, cash or property required by Section 4.6 hereof upon the exercise or exchange of this Warrant and expressly assumes, by supplemental agreement, the due and punctual performance and observance of each and every covenant and condition of this Warrant to be performed and observed by the Company; PROVIDED, HOWEVER, that the initial obligation of such successor with respect to the exercise or exchange of this Warrant shall be only as set forth in Section 4.6 hereof.

Certain Business Combinations. The Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other entity unless the successor or purchasing entity, as the case may be (if not the Company), shall expressly agree to provide to each Holder the securities, cash or property required by Section 4.6 hereof upon the exercise or exchange of this Warrant and expressly assumes, by supplemental agreement, the due and punctual performance and observance of each and every covenant and condition of this Warrant to be performed and observed by the Company; PROVIDEDprovided, HOWEVERhowever, that the initial obligation of such successor with respect to the exercise or exchange of this Warrant shall be only as set forth in Section 4.6 hereof4.6.

Certain Business Combinations. The Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other entity unless the successor or purchasing entity, as the case may be (if not the Company), shall expressly agree to provide to each Holder the securities, cash or property required by Section 4.6 hereof upon the exercise or exchange of this Warrant and expressly assumes, by supplemental supple mental agreement, the due and punctual performance and observance of each and every covenant and condition of this Warrant to be performed and observed by the Company; PROVIDED, HOWEVER, that the initial obligation of such successor with respect to the exercise or exchange of this Warrant shall be only as set forth in Section 4.6 hereof.

Certain Business Combinations. The Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other entity unless the successor or purchasing entity, as the case may be (if not the Company), shall expressly agree to provide to each the Holder the securities, cash or property required by Section 4.6 SECTION 4(e) hereof upon the exercise or exchange of this Warrant and expressly assumes, by supplemental agreement, the due and punctual performance and observance of each and every covenant and condition of this Warrant to be performed and observed by the Company; PROVIDED, HOWEVER, that the initial obligation of such successor with respect to the exercise or exchange of this Warrant shall be only as set forth in Section 4.6 hereofSECTION 4(e).

Certain Business Combinations. The Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other entity unless the successor or purchasing entity, as the case may be (if not the Company), shall expressly agree to provide to each the Holder the securities, cash or property required by Section 4.6 SECTION 4(E) hereof upon the exercise or exchange of this Warrant and expressly assumes, by supplemental agreement, the due and punctual performance and observance of each and every covenant and condition of this Warrant to be performed and observed by the Company; PROVIDED, HOWEVER, that the initial obligation of such successor with respect to the exercise or exchange of this Warrant shall be only as set forth in Section 4.6 hereofSECTION 4(E).