Common use of Combination; Liquidation Clause in Contracts

Combination; Liquidation. (a) Except as provided in Section 4.4(b), in the event of a Combination, the Holders shall have the right to receive upon exercise of the Warrants such number of shares of Common Stock or other securities or property which such Holder would have been entitled to receive upon or as a result of such Combination had such Warrant been exercised immediately prior to such event. Unless paragraph (b) is applicable to a Combination, the Company shall provide that the surviving or acquiring Person (the "SUCCESSOR COMPANY") in such Combination will enter into an agreement with the Company confirming the Holders' rights pursuant to this Section 4.4(a) and providing for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article 4. The provisions of this Section 4.4(a) shall similarly apply to successive Combinations involving any Successor Company.

Appears in 2 contracts

Samples: Note Purchase Agreement (Smith & Wollensky Restaurant Group Inc), Note Purchase Agreement (New York Restaurant Group Inc)

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Combination; Liquidation. (a) Except as provided in Section 4.4(b4.05(b), in the event of a Combination, the Holders shall have the right to receive upon exercise of the Warrants such number the kind and amount of shares of Common Stock capital stock or other securities or property which such Holder the Holders would have been entitled to receive upon or as a result of such Combination had such Warrant the Warrants been exercised immediately prior to such event. Unless paragraph (bSection 4.05(b) is applicable to a Combination, the Company shall provide that the surviving or acquiring Person (the "SUCCESSOR COMPANYSuccessor Company") in such Combination will enter into an agreement with the Company confirming the Holders' rights pursuant to this Section 4.4(a4.05(a) and providing for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article 4. The provisions of this Section 4.4(a4.05(a) shall similarly apply to successive Combinations involving any Successor Company.

Appears in 1 contract

Samples: Warrant Agreement (Truetime Inc)

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Combination; Liquidation. (a) Except as provided in Section 4.4(b4.3(b), in the event of a Combination, the Holders each Holder shall have the right to receive upon exercise of the Warrants such number the kind and amount of shares of Common Stock capital stock or other securities or property which such Holder would have been entitled to receive upon or as a result of such Combination had such Warrant been exercised immediately prior to such event. Unless paragraph (b) is applicable to a Combination, the Company shall provide that the surviving or acquiring Person (the "SUCCESSOR COMPANYSuccessor Company") in such Combination will enter into an agreement with the Company confirming confirm the Holders' rights pursuant to this Section 4.4(a4.3(a) and providing provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article 4. The provisions of this Section 4.4(a4.3(a) shall similarly apply to successive Combinations involving any Successor Company.

Appears in 1 contract

Samples: Warrant Agreement (Chart Industries Inc)

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