Consolidation, Merger or Sale of the Company. If the Company is a party to a consolidation, merger, transfer of assets or any other business combination which reclassifies or changes its outstanding Common Stock, the successor corporation (or corporation controlling the successor corporation or the Company, as the case may be) shall by operation of law assume the Company's obligations under this Agreement. Upon consummation of such transaction, the Revocable Warrants shall automatically become exercisable for the kind and amount of securities, cash or other assets which the holder of a Revocable Warrant would have owned immediately after the consolidation, merger, transfer or business combination if the holder had exercised the vested amount of the Revocable Warrant immediately before the effective date of such transaction. The Company shall arrange for the person or entity obligated to issue securities or deliver cash or other assets upon exercise of the Revocable Warrant to, concurrently with the consummation of such transaction, assume the Company's obligations hereunder by executing an instrument so providing and further providing for adjustments which shall be as nearly equivalent as may be practical to the adjustments provided for in this Section 9. The provisions of this Section 9(b) shall similarly apply to successive reclassifications, reorganizations, consolidations, mergers or other business combinations.
Appears in 2 contracts
Samples: Revocable Warrant Agreement (Natural Gas Systems Inc/New), Revocable Warrant Agreement (Natural Gas Systems Inc/New)
Consolidation, Merger or Sale of the Company. If the Company is a party to a consolidation, merger, merger or sale or transfer of assets stock or any other business combination assets, which reclassifies or changes its outstanding Common Stock, the successor corporation (or corporation controlling the successor corporation or the Company, as the case may be) shall shall, by operation of law or explicitly in writing, assume the Company's obligations under this AgreementWarrant. Upon consummation of such transaction, the Revocable Warrants this Warrant shall automatically become exercisable for the kind and amount of securities, cash or other assets which the holder of a Revocable Warrant Holder would have owned immediately after the consolidation, merger, sale or transfer or business combination if the holder Holder had exercised the vested amount of the Revocable this Warrant immediately before the effective date of such transaction. The As a condition to the consummation of any such transaction, the Company shall arrange for the person or entity obligated to issue securities or deliver cash or other assets upon exercise of the Revocable this Warrant to, concurrently with the consummation of such transaction, assume the Company's obligations hereunder by executing an instrument so providing and further providing for adjustments which shall be as nearly equivalent as may be practical to the adjustments provided for in this Section 911. The provisions of this Section 9(bparagraph (b) shall similarly apply to successive reclassifications, reorganizations, consolidations, mergers or other business combinationsmergers, sales and transfers.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (HyperSpace Communications, Inc.)
Consolidation, Merger or Sale of the Company. If the Company is a party to a consolidation, merger, transfer of assets or any other business combination which reclassifies or changes its outstanding Common Stock, the successor corporation (or corporation controlling the successor corporation or the Company, as the case may be) shall by operation of law assume the Company's ’s obligations under this Agreement. Upon consummation of such transaction, the Revocable Warrants shall automatically auto-matically become exercisable for the kind and amount of securities, cash or other assets which the holder of a Revocable Warrant would have owned immediately after the consolidation, merger, transfer or business combination if the holder had exercised the vested amount of the Revocable Warrant immediately before the effective date of such transaction. The As a condition to the consummation of such transaction, the Company shall arrange for the person or entity obligated to issue securities or deliver cash or other assets upon exercise of the Revocable Warrant to, concurrently with the consummation of such transaction, assume the Company's ’s obligations hereunder by executing an instrument so providing and further providing for adjustments which shall be as nearly equivalent as may be practical to the adjustments provided for in this Section 9. The provisions of this Section 9(b) shall similarly apply to successive reclassifications, reorganizations, consolidations, mergers or other business combinations.
Appears in 1 contract
Samples: Revocable Warrant Agreement (Natural Gas Systems Inc/New)
Consolidation, Merger or Sale of the Company. If the Company is a party to a consolidation, merger, or transfer of assets pursuant to which the shares of Common Stock are converted into or any exchanged for securities of another Person, cash or other business combination which reclassifies or changes its outstanding Common Stockassets, the successor corporation (or corporation controlling the successor corporation or the Company, as the case may be) shall by operation of law assume the Company's ’s obligations under this AgreementWarrant. Upon consummation of such transaction, the Revocable Warrants shall automatically become exercisable for the kind and amount of securities, cash cash, or other assets which the holder of a Revocable Warrant would have owned immediately after the consolidation, merger, or transfer or business combination if the holder had exercised the vested amount of the Revocable Warrant immediately before the effective date of such transaction. The As a condition to the consummation of such transaction, the Company shall arrange for the person or entity Person obligated to issue securities or deliver cash or other assets upon exercise of the Revocable Warrant to, concurrently with the consummation of such transaction, assume the Company's ’s obligations hereunder by executing an instrument so providing and further providing for adjustments which shall be as nearly equivalent as may be practical to the adjustments provided for in this Section 9. The provisions of this Section 9(b) shall similarly apply to successive reclassifications, reorganizations, consolidations, mergers or other business combinations12.
Appears in 1 contract
Samples: Warrant Agreement (DZS Inc.)
Consolidation, Merger or Sale of the Company. If the Company is a party to a consolidation, merger, transfer of assets or any other business combination which reclassifies or changes its outstanding Common Stock, the successor corporation (or corporation controlling the successor corporation or the Company, as the case may be) shall by operation of law assume the Company's obligations under this Agreement. Upon consummation of such transaction, the Revocable Warrants shall automatically become exercisable for the kind and amount of securities, cash or other assets which the holder of a Revocable Warrant would have owned immediately after the consolidation, merger, transfer or business combination if the holder had exercised the vested amount of the Revocable Warrant immediately before the effective date of such transaction. The As a condition to the consummation of such transaction, the Company shall arrange for the person or entity obligated to issue securities or deliver cash or other assets upon exercise of the Revocable Warrant to, concurrently with the consummation of such transaction, assume the Company's obligations hereunder by executing an instrument so providing and further providing for adjustments which shall be as nearly equivalent as may be practical to the adjustments provided for in this Section 9. The provisions of this Section 9(b) shall similarly apply to successive reclassifications, reorganizations, consolidations, mergers or other business combinations.
Appears in 1 contract
Consolidation, Merger or Sale of the Company. If the Company is a party to a consolidation, merger, merger or sale or transfer of assets stock or any other business combination assets, which reclassifies or changes its outstanding Common Stock, the successor corporation (or corporation controlling the successor corporation or the Company, as the case may be) shall shall, by operation of law or explicitly in writing, assume the Company's obligations under this AgreementWarrant. Upon consummation of such transaction, the Revocable Warrants this Warrant shall automatically become exercisable for the kind and amount of securities, cash or other assets which the holder of a Revocable Warrant Holder would have owned immediately after the consolidation, merger, sale or transfer or business combination if the holder Holder had exercised the vested amount of the Revocable this Warrant immediately before the effective date of such transaction. The As a condition to the consummation of any such transaction, the Company shall arrange for the person or entity obligated to issue securities or deliver cash or other assets upon exercise of the Revocable this Warrant to, concurrently with the consummation of such transaction, assume the Company's obligations hereunder by executing an instrument so providing and further providing for adjustments which shall be as nearly equivalent as may be practical to the adjustments provided for in this Section 912. The provisions of this Section 9(bparagraph (b) shall similarly apply to successive reclassifications, reorganizations, consolidations, mergers or other business combinationsmergers, sales and transfers.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (HyperSpace Communications, Inc.)
Consolidation, Merger or Sale of the Company. If the Company is a party to a consolidation, merger, transfer of assets or any other business combination which reclassifies or changes its outstanding Common Stock, the successor corporation (or corporation controlling the successor corporation or the Company, as the case may be) shall by operation of law assume the Company's ’s obligations under this Agreement. Upon consummation of such transaction, the Revocable Warrants shall automatically auto-matically become exercisable for the kind and amount of securities, cash or other assets which the holder of a Revocable Warrant would have owned immediately after the consolidation, merger, transfer or business combination if the holder had exercised the vested amount of the Revocable Warrant immediately before the effective date of such transaction. The As a condition to the consummation of such transaction, the Company shall arrange for the person or entity obligated to issue securities or deliver cash or other assets upon exercise of the Revocable Warrant to, concurrently with the consummation of such transaction, assume the Company's ’s obligations hereunder by executing an instrument so providing and further providing for adjustments which shall be as nearly equivalent as may be practical to the adjustments provided for in this Section 98. The provisions of this Section 9(b8(b) shall similarly apply to successive reclassifications, reorganizations, consolidations, mergers or other business combinations.
Appears in 1 contract
Consolidation, Merger or Sale of the Company. If the Company is a party to a consolidation, merger, or transfer of assets pursuant to which the shares of Common Stock are converted into or any exchanged for securities of another Person, cash or other business combination which reclassifies or changes its outstanding Common Stockassets, the successor corporation (or corporation controlling the successor corporation or the Company, as the case may be) shall by operation of law assume the Company's ’s obligations under this AgreementWarrant. Upon consummation of such transaction, the Revocable Warrants shall automatically become exercisable for the kind and amount of securities, cash cash, or other assets which the holder of a Revocable Warrant would have owned immediately after the consolidation, merger, or transfer or business combination if the holder had exercised the vested amount of the Revocable Warrant immediately before the effective date of such transaction. The As a condition to the consummation of such transaction, the Company shall arrange for the person or entity Person obligated to issue securities or deliver cash or other assets upon exercise of the Revocable Warrant to, concurrently with the consummation of such transaction, assume the Company's ’s obligations hereunder by executing an instrument so providing and further providing for adjustments which shall be as nearly equivalent as may be practical to the adjustments provided for in this Section 912. The provisions of this Section 9(b) shall similarly apply to successive reclassifications, reorganizations, consolidations, mergers or other business combinations13.
Appears in 1 contract
Samples: Warrant Agreement (DZS Inc.)