Conditional Exercise. Notwithstanding any other provision hereof, if an exercise of this Warrant is to be made in connection with an Acquisition, such exercise may at the election of Holder be conditioned upon the consummation of such Acquisition, in which case such exercise shall not be deemed to be effective until immediately prior to the consummation of such Acquisition.
Appears in 4 contracts
Samples: Warrant Agreement (Biodelivery Sciences International Inc), Warrant Agreement (Navidea Biopharmaceuticals, Inc.), Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.)
Conditional Exercise. Notwithstanding any other provision hereofof this Warrant, if an exercise of any portion of this Warrant is to be made in connection with an Acquisitiona Change of Control, such exercise may at the election of the Holder be conditioned upon the consummation of such Acquisitiontransaction, in which case such exercise shall not be deemed to be effective until immediately prior to the consummation of such Acquisitiontransaction.
Appears in 3 contracts
Samples: Warrant Agreement (Better Choice Co Inc.), Warrant Agreement (Better Choice Co Inc.), Warrant Agreement (Better Choice Co Inc.)
Conditional Exercise. Notwithstanding any other provision hereof, if an exercise of this Warrant is to be made in connection with an Acquisition, such exercise may at the election of Holder be conditioned upon the consummation of such Acquisition, in which case such exercise shall not be deemed to be effective until immediately prior to the consummation of such the Acquisition.
Appears in 3 contracts
Samples: Warrant Agreement (Navidea Biopharmaceuticals, Inc.), Warrant Agreement (Navidea Biopharmaceuticals, Inc.), Asset Purchase Agreement (Navidea Biopharmaceuticals, Inc.)
Conditional Exercise. Notwithstanding any other provision hereofhereon, if an exercise or conversion of this Warrant is to be made in connection with an Acquisition, such exercise may at the election of Holder be conditioned upon the consummation of such Acquisitiontransaction, in which case such exercise shall not be deemed to be effective until immediately prior to the consummation of such Acquisitiontransaction.
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