Common use of Consolidation of Company Clause in Contracts

Consolidation of Company. In the case of any consolidation or merger of the Company with or into another corporation (other than a consolidation or merger in which the Company is the surviving corporation and which does not result in any reclassification or change of outstanding shares of the class issuable upon conversion of the Debentures), or in case of any sale or transfer to another corporation of the property of the Company as an entirety or substantially as an entirety, the Holder of each Debenture, then outstanding shall have the right to exercise such Debenture for the purchase of the kind and amount of shares of Common Stock and other securities and property receivable upon such consolidation, merger, sale, or transfer by a holder of the number of shares of Common Stock which would have been issuable if the conversion of the Debentures had occurred immediately prior to such consolidation, merger, sale or transfer.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Cryocon Inc), Purchase Agreement (Cryocon Inc), Securities Purchase Agreement (Cryocon Inc)

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Consolidation of Company. In the case of any consolidation or merger of the Company with or into another corporation (other than a consolidation or merger in which the Company is the surviving corporation and which does not result in any reclassification or change of outstanding shares of the class issuable upon conversion exercise of the DebenturesWarrants), or in case of any sale or transfer to another corporation of the property of the Company as an entirety or substantially as an entirety, the Holder of each Debenture, Warrant then outstanding shall have the right to exercise such Debenture Warrant for the purchase of the kind and amount of shares of Common Stock Shares and other securities and property receivable upon such consolidation, merger, sale, or transfer by a holder of the number of shares of Common Stock Shares which would have been issuable if the conversion of the Debentures Warrants had occurred immediately prior to such consolidation, merger, sale sale, or transfer.

Appears in 4 contracts

Samples: Securities Purchase Agreement (E Automate Corp/De), Securities Purchase Agreement (Flexpoint Sensor Systems Inc), Warrant Agreement (E Automate Corp/De)

Consolidation of Company. In the case of any consolidation or merger of the Company with or into another corporation (other than a consolidation or merger in which the Company is the surviving corporation and which does not result in any reclassification or change of outstanding shares of the class issuable upon conversion of the Debentures), or in case of any sale or transfer to another corporation of the property of the Company as an entirety or substantially as an entirety, the Holder of each Debenture, Debenture then outstanding shall have the right to exercise such Debenture for the purchase of the kind and amount of shares of Common Stock and other securities and property receivable upon such consolidation, merger, sale, or transfer by a holder of the number of shares of Common Stock which would have been issuable if the conversion of the Debentures had occurred immediately prior to such consolidation, merger, sale sale, or transfer.

Appears in 1 contract

Samples: Securities Purchase Agreement (Flexpoint Sensor Systems Inc)

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Consolidation of Company. In the case of any consolidation or merger of the Company with or into another corporation (other than a consolidation or merger in which the Company is the surviving corporation and which does not result in any reclassification or change of outstanding shares of the class issuable upon conversion of the Debentures), or in case of any sale or transfer to another corporation of the property of the Company as an entirety or substantially as an entirety, the Holder of each Debenture, then outstanding shall have the right to exercise such Debenture for the purchase of the kind and amount of shares shares. of Common Stock and other securities and property receivable upon such consolidation, merger, sale, or transfer by a holder of the number of shares of Common Stock which would have been issuable if the conversion of the Debentures had occurred immediately prior to such consolidation, merger, sale or transfertransfer .

Appears in 1 contract

Samples: Purchase Agreement (Cryocon Inc)

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