Consolidation or Disposition of Assets. If, during the Exercise Period, there shall occur a Change of Control and, pursuant to the terms of such Change of Control, shares of common stock of the successor or acquiring corporation, or any cash, shares of stock or other securities or property of any nature whatsoever (including warrants or other subscription or purchase rights) in addition to or in lieu of common stock of the successor or acquiring corporation ("Other Property"), are to be received by or distributed to the holders of Common Stock of the Company, then the Holder of this Warrant shall have the right thereafter to receive, upon the exercise of the Warrant, the number of shares of common stock of the successor or acquiring corporation or of the Company, if it is the surviving corporation, and the Other Property receivable upon or as a result of such Change of Control by a holder of the number of shares of Common Stock into which this Warrant is exercisable immediately prior to such event.
Appears in 7 contracts
Samples: Warrant Agreement (Spectrum Pharmaceuticals Inc), Warrant Agreement (Spectrum Pharmaceuticals Inc), Warrant Agreement (Spectrum Pharmaceuticals Inc)
Consolidation or Disposition of Assets. If, during the Exercise Periodperiod from the Closing Date to the Expiration Date, there shall occur a Change of Control and, pursuant to the terms of such Change of Control, common shares of common stock of the successor or acquiring corporation, or any cash, shares of stock or other securities or property of any nature whatsoever (including warrants or other subscription or purchase rights) in addition to or in lieu of common stock shares of the successor or acquiring corporation ("Other Property"), are to be received by or distributed to the holders of Common Stock Shares of the Company, then the Holder of this Warrant shall have the right thereafter to receive, upon the exercise of the Warrant, the number of common shares of common stock of the successor or acquiring corporation or of the Company, if it is the surviving corporation, and the Other Property receivable upon or as a result of such Change of Control by a holder of the number of shares of Common Stock Shares into which this Warrant is exercisable immediately prior to such event.
Appears in 4 contracts
Samples: Placement Agent Warrant (Ym Biosciences Inc), Warrant Agreement (Ym Biosciences Inc), Warrant Agreement (Ym Biosciences Inc)
Consolidation or Disposition of Assets. If, during the Exercise Period, there shall occur a Change of Control and, pursuant to the terms of such Change of Control, shares of common stock of the successor or acquiring corporation, or any cash, shares of stock or other securities or property of any nature whatsoever (including warrants or other subscription or purchase rights) in addition to or in lieu of common stock of the successor or acquiring corporation ("Other PropertyOTHER PROPERTY"), are to be received by or distributed to the holders of Common Stock of the CompanyStock, then the Holder of this Warrant shall have the right thereafter to receive, upon the exercise of the Warrant, the number of shares of common stock of the successor or acquiring corporation or of the Company, if it is the surviving corporation, and the Other Property receivable upon or as a result of such Change of Control by a holder of the number of shares of Common Stock into which this Warrant is exercisable immediately prior to such event.
Appears in 2 contracts
Samples: Warrant Agreement (Vasco Data Security International Inc), Warrant Agreement (Vasco Data Security International Inc)
Consolidation or Disposition of Assets. If, during the Exercise Period, If there shall occur a Change of Control and, and if pursuant to the terms of such Change of Control, shares of common stock of the successor or acquiring corporation, or any cash, shares of stock or other securities or property of any nature whatsoever (including warrants or other subscription or purchase rights) in addition to or in lieu of common stock of the successor or acquiring corporation ("Other Property"), are to be received by or distributed to the holders of Common Stock of the Company, then the Holder of this Warrant shall have the right thereafter to receive, upon the exercise of the Warrant, the number of shares of common stock of the successor or acquiring corporation or of the Company, if it is the surviving corporation, and the Other Property receivable upon or as a result of such Change of Control by a holder of the number of shares of Common Stock into which this Warrant is exercisable immediately prior to such event.
Appears in 2 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (National Coal Corp), Note Purchase Agreement (National Coal Corp)
Consolidation or Disposition of Assets. If, during the Exercise Period, If there shall occur a Change of Control and, pursuant to the terms of such Change of Control, shares of common stock of the successor or acquiring corporation, or any cash, shares of stock or other securities or property of any nature whatsoever (including warrants or other subscription or purchase rights) in addition to or in lieu of common stock of the successor or acquiring corporation ("βOther Property"β), are to be received by or distributed to the holders of Common Stock of the Company, then the Holder of this Warrant shall have the right thereafter for the balance of the Exercise Period to receive, upon the exercise of the Warrant, the number of shares of common stock of the successor or acquiring corporation or of the Company, if it is the surviving corporation, and the Other Property receivable upon or as a result of such Change of Control by a holder of the number of shares of Common Stock into which this Warrant is exercisable immediately prior to such event.
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