Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 321 contracts
Samples: Credit Line Agreement (Max Sound Corp), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 124 contracts
Samples: Warrant Agreement (XCPCNL Business Services Corp), Warrant Agreement (Odyssey Health, Inc.), Warrant Agreement (Odyssey Group International, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 116 contracts
Samples: Warrant Agreement (Mint Leasing Inc), Warrant Agreement (Mint Leasing Inc), Securities Purchase Agreement (Petrol Oil & Gas Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 94 contracts
Samples: Warrant Agreement (Metropolitan Health Networks Inc), Private Equity Line of Credit Agreement (Paradigm Advanced Technologies Inc), Securities Purchase Agreement (Infinite Group Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 77 contracts
Samples: Warrant Agreement (Soligen Technologies Inc), Subscription Agreement (China Natural Resources Inc), Warrant Agreement (Sun New Media Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 54 contracts
Samples: Warrant Agreement (Digital Angel Corp), Warrant Agreement (Digital Angel Corp), Common Stock Purchase Warrant (Digital Angel Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 53 contracts
Samples: Warrant Agreement (Pervasip Corp), Common Stock Purchase Warrant (Bio Key International Inc), Warrant Agreement (Rentech Inc /Co/)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 39 contracts
Samples: Security Agreement (Deja Foods Inc), Warrant Agreement (American Mold Guard Inc), Warrant Agreement (Greenman Technologies Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 33.3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 17 contracts
Samples: Common Stock Purchase Warrant (Wealthhound Com Inc), Common Stock Purchase Warrant (Wealthhound Com Inc), Common Stock Purchase Warrant (Wealthhound Com Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will then, upon exercise of this Warrant, the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 14 contracts
Samples: Warrant Agreement (Biodelivery Sciences International Inc), Warrant Agreement (CDC Iv LLC), Warrant Agreement (Biodelivery Sciences International Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 14 contracts
Samples: Securities Agreement (SBS Interactive Co), Securities Agreement (SBS Interactive Co), Securities Agreement (SBS Interactive Co)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 11 contracts
Samples: Placement Agent Warrant (Capsource Financial Inc), Warrant Agreement (Capsource Financial Inc), Warrant Agreement (Capsource Financial Inc)
Continuation of Terms. Upon any reorganization, consolidation, --------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 11 contracts
Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Standard Management Corp), Warrant Agreement (Thomas Equipment, Inc.), Warrant Agreement (Thomas Equipment, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 33.3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 10 contracts
Samples: Common Stock Purchase Warrant (Frederick Brewing Co), Common Stock Purchase Warrant (Frederick Brewing Co), Warrant Agreement (Fantasy Sports Net Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.22.2.
Appears in 10 contracts
Samples: Warrant Agreement (mCig, Inc.), Warrant Agreement (mCig, Inc.), Warrant Agreement (OBITX, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.22.2.
Appears in 9 contracts
Samples: Warrant Agreement (Dolphin Entertainment, Inc.), Warrant Agreement (Dolphin Entertainment, Inc.), Warrant Agreement (Dolphin Digital Media Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 35.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 46. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 35.3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.25.2.
Appears in 9 contracts
Samples: Restructuring Agreement (Snyder International Brewing Group LLC), Common Stock Purchase Warrant (Snyder International Brewing Group LLC), Common Stock Purchase Warrant (Snyder International Brewing Group LLC)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Trustee as contemplated by Section 3.2Holder.
Appears in 8 contracts
Samples: Warrant Agreement (General Devices Inc), Warrant Agreement (General Devices Inc), Securities Purchase Agreement (General Devices Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.24.2.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Biovie Inc.), Warrant Agreement (Biovie Inc.), Warrant Agreement (Biovie Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 8 contracts
Samples: Warrant Agreement (Digital Angel Corp), Warrant Agreement (Stockeryale Inc), Warrant Agreement (Stockeryale Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant Option shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant Option after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant Option as provided in Section 4. In the event this Warrant Option does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Holders will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 8 contracts
Samples: Option Agreement (Island Pacific Inc), Stock Option Agreement (Island Pacific Inc), Stock Option Agreement (Island Pacific Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.24.2.
Appears in 7 contracts
Samples: Warrant Agreement (United Energy Corp /Nv/), Common Stock Purchase Warrant (Pipeline Data Inc), Warrant Agreement (Pipeline Data Inc)
Continuation of Terms. Upon any reorganization, --------------------- consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 7 contracts
Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Warrant Agreement (Liquidix Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger ---------------------- or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 6 contracts
Samples: Warrant Agreement (Imaging Technologies Corp/Ca), Warrant Agreement (FTS Group, Inc.), Warrant Agreement (Imaging Technologies Corp/Ca)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 6 contracts
Samples: Warrant Agreement (Data Systems & Software Inc), Securities Purchase Agreement (Billserv Inc), Securities Purchase Agreement (Data Systems & Software Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.24.2.
Appears in 6 contracts
Samples: Warrant Agreement (Time America Inc), Warrant Agreement (Time America Inc), Warrant Agreement (Time America Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 6 contracts
Samples: Bridge Note Purchase Agreement (Capital Growth Systems Inc /Fl/), Inducement Agreement (Capital Growth Systems Inc /Fl/), Inducement Agreement (Capital Growth Systems Inc /Fl/)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Common Stock and Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 33.3, then only in such event will the Company's securities Other Securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 6 contracts
Samples: Purchase Agreement (Snyder International Brewing Group LLC), Warrant Agreement (Snyder International Brewing Group LLC), Common Stock Purchase Warrant (Snyder International Brewing Group LLC)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the CompanyCorporation, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event If this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's Corporation’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 6 contracts
Samples: Warrant Agreement (Geopetro Resources Co), Warrant Agreement (Geopetro Resources Co), Warrant Agreement (Geopetro Resources Co)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.22.2.
Appears in 6 contracts
Samples: Common Stock Purchase Warrant (Jane Butel Corp), Common Stock Purchase Warrant (Jane Butel Corp), Warrant Agreement (Gk Intelligent Systems Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43.1. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Trustee as contemplated by Section 3.2Holder.
Appears in 5 contracts
Samples: Securities Agreement (Latin America Ventures, Inc.), Securities Agreement (Latin America Ventures, Inc.), Securities Agreement (Latin America Ventures, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 5 contracts
Samples: Warrant Agreement (American Technologies Group Inc), Warrant Agreement (American Technologies Group Inc), Warrant Agreement (American Technologies Group Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.1, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43.
1. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 33.1, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Techedge Inc), Common Stock Purchase Warrant (Techedge Inc), Common Stock Purchase Warrant (Techedge Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 4 contracts
Samples: Warrant Agreement (Wowio, Inc.), Common Stock Purchase Warrant (Wowio, Inc.), Warrant Agreement (ESP Resources, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, ----------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 4 contracts
Samples: Warrant Agreement (New Century Energy Corp.), Warrant Agreement (New Century Energy Corp.), Warrant Agreement (New Century Energy Corp.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.23. 2.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Stockeryale Inc), Warrant Agreement (Stockeryale Inc), Warrant Agreement (Stockeryale Inc)
Continuation of Terms. Upon any reorganization, ----------------------- consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 4 contracts
Samples: Warrant Agreement (Sequiam Corp), Warrant Agreement (Sequiam Corp), Warrant Agreement (Elinear Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.22.2.
Appears in 4 contracts
Samples: Subscription Agreement (5 G Wireless Communications Inc), Warrant Agreement (Sun Opportunity I Inc), Warrant Agreement (Sun Opportunity I Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 47. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 4 contracts
Samples: Warrant Agreement (Continental Fuels, Inc.), Common Stock Purchase Warrant (Continental Fuels, Inc.), Warrant Agreement (Heartland Oil & Gas Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Corgenix Medical Corp/Co), Warrant Agreement (Corgenix Medical Corp/Co), Warrant Agreement (Corgenix Medical Corp/Co)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4hereunder. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Warrant Agreement (New Oriental Energy & Chemical Corp.), Warrant Agreement (New Oriental Energy & Chemical Corp.), Warrant Agreement (New Oriental Energy & Chemical Corp.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4Section. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Subscription Agreement (American Oriental Bioengineering Inc), Subscription Agreement (American Oriental Bioengineering Inc), Subscription Agreement (American Oriental Bioengineering Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Trustee Holder as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Warrant Agreement (Ad.Venture Partners, Inc.), Common Stock Purchase Warrant (180 Connect Inc.), Common Stock Purchase Warrant (180 Connect Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants Holders will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant and Registration Rights Agreement Amendment (It&e International Group), Warrant Agreement (Conversion Services International Inc), Warrant Agreement (Micro Component Technology Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Trustee Holder as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Exclusive Oem & License Agreement (National Healthcare Technology Inc), Securities Purchase Agreement (Mitek Systems Inc), Exclusive Oem & License Agreement (National Healthcare Technology Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.24.2.
Appears in 3 contracts
Samples: Warrant Agreement (Transgenomic Inc), Warrant Agreement (Transgenomic Inc), Warrant Agreement (Transgenomic Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the CompanyCorporation, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event If this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the CompanyCorporation's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Warrant Agreement (Pacific Energy Resources LTD), Warrant Agreement (Pacific Energy Resources LTD), Warrant Agreement (Pacific Energy Resources LTD)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2Subsection 2.2.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Astrata Group Inc), Common Stock Purchase Warrant (Astrata Group Inc), Warrant Agreement (Astrata Group Inc)
Continuation of Terms. Upon any reorganization, consolidation, ----------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Warrant Agreement (Go Online Networks Corp), Warrant Agreement (E Videotv Inc/De), Common Stock Purchase Warrant (Go Online Networks Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Warrant Agreement (Advance Nanotech, Inc.), Warrant Agreement (Advance Nanotech, Inc.), Warrant Agreement (Advance Nanotech, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of this Warrant upon the Warrants exercise hereof, be delivered to the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Warrant Agreement (China Biopharma, Inc.), Warrant Agreement (China Biopharma, Inc.), Warrant Agreement (China Biopharma, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee trustee as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Elinear Inc), Common Stock Purchase Warrant (Elinear Inc), Warrant Agreement (Elinear Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer Warrant of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Warrant Agreement (Verso Technologies Inc), Warrant Agreement (Digital Recorders Inc), Warrant Agreement (Verso Technologies Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Samples: Subscription Agreement (P Com Inc), Warrant Agreement (P Com Inc), Warrant Agreement (P Com Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any or dissolution following any transfer) transfer referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Powercold Corp), Warrant Agreement (Powercold Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section SECTION 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the CompanyCorporation, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section SECTION 4. In the event If this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section SECTION 3, then only in such event will the CompanyCorporation's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section SECTION 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Pacific Energy Resources LTD), Warrant Agreement (Pacific Energy Resources LTD)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.24.2.
Appears in 2 contracts
Samples: Warrant Agreement (Transgenomic Inc), Warrant Agreement (Transgenomic Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3Sections 4 and 5, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 34, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Registered Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.25.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (SUBAYE.COM, Inc.), Common Stock Purchase Warrant (SUBAYE.COM, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person Person acquiring all or substantially all of the properties or assets of the Company, whether or not such person Person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Tidel Technologies Inc), Warrant Agreement (Tidel Technologies Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person Person acquiring all or substantially all of the properties or assets of the Company, whether or not such person Person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Fast Eddie Racing Stables Inc), Warrant Agreement (Fast Eddie Racing Stables Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 36, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 36, then only in such event will then, upon exercise of this Warrant, the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.26(b).
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Disaster Preparedness Systems Inc.), Common Stock Purchase Warrant (Disaster Preparedness Systems Inc.)
Continuation of Terms. Upon any reorganization, ----------------------- consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Amnis Systems Inc), Common Stock Purchase Warrant (Amnis Systems Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Adb Systems International Inc), Warrant Agreement (Adb Systems International Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person or entity acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Sanswire Corp.), Warrant Agreement (Sanswire Corp.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Warrant be delivered to the Trustee a trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (QPC Lasers), Warrant Agreement (Zeros & Ones Inc)
Continuation of Terms. Upon any reorganization, consolidation, --------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 33.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 33.3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Advanced Aerodynamics & Structures Inc/), Warrant Agreement (Advanced Aerodynamics & Structures Inc/)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and Unsecured 35 effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Subscription Agreement (Mooney Aerospace Group LTD), Subscription Agreement (Mooney Aerospace Group LTD)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiesstock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3Section3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Note Purchase Agreement (Critical Home Care Inc), Note Purchase Agreement (Critical Home Care Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (BigString CORP), Warrant Agreement (BigString CORP)
Continuation of Terms. Upon any reorganization, ---------------------- consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Family Room Entertainment Corp), Warrant Agreement (Family Room Entertainment Corp)
Continuation of Terms. Upon any reorganization, consolidation, --------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Subscription Agreement (BigString CORP), Warrant Agreement (Goldspring)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Right to Purchase Warrant Agreement (Acquired Sales Corp), Right to Purchase Warrant Agreement (Acquired Sales Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfertransfer as provided in Section 3.1 or 3.2, as the case may be, and to the extent provided therein shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Airnet Communications Corp), Common Stock Purchase Warrant (Airnet Communications Corp)
Continuation of Terms. Upon any reorganization, consolidation, --------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Elec Communications Corp), Warrant Agreement (Elec Communications Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants be delivered to the Trustee as contemplated by Section 3.22.2.
Appears in 2 contracts
Samples: Subscription Agreement (Hypertension Diagnostics Inc /Mn), Warrant Agreement (Hypertension Diagnostics Inc /Mn)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43.1. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (I2 Telecom International Inc), Warrant Agreement (I2 Telecom International Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (BTHC X Inc), Warrant Agreement (BTHC X Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Warrant will be delivered to the Trustee as contemplated by Section 3.2Holder.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (TRUEYOU.COM), Warrant Agreement (TRUEYOU.COM)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Thomas Equipment, Inc.), Warrant Agreement (Pacific Energy Resources LTD)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 38, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 49. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 38, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.28.2.
Appears in 2 contracts
Samples: Warrant Agreement (Pedevco Corp), Warrant Agreement (Pedevco Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Holders will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Securities Purchase Agreement (It&e International Group), Common Stock Purchase Warrant (It&e International Group)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch shares or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Samples: Warrant Agreement (Bos Better Online Solutions LTD), Warrant Agreement (Bos Better Online Solutions LTD)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities Common Stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (New Century Energy Corp.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.23. 2.
Appears in 1 contract
Samples: Warrant Agreement (Stockeryale Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, 2 then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.22.2.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or --------------------- transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Samples: Warrant Agreement (Rocketinfo Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger ---------------------- or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.24.2.
Appears in 1 contract
Samples: Warrant Agreement (Axesstel Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3Article II, this Warrant Note shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property Property receivable on the exercise conversion of this Warrant Note after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other SecuritiesSecurities and Property, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant Note as provided in Section 42.1(c)(iv). In the event this Warrant Note does not continue in full force and effect after the consummation of the transaction described in this Section 3Article II, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants Notes be delivered to the Trustee as contemplated by Section 3.22.1(c)(ii).
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Trustee as contemplated by Section 3.2Holder.
Appears in 1 contract
Samples: Warrant Agreement (Trimedia Entertainment Group Inc)
Continuation of Terms. Upon any reorganization, consolidation, -------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganizationreorganization December 19, 2000, 1:57 PM consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Samples: Warrant Agreement (Global Telemedia International Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.. 4 ----------------------------------------------------------------------------------------------------
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Ventures National Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3Article II, this Warrant Note shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise conversion of this Warrant Note after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant Note as provided in Section 42.1(c)(E). In the event this Warrant Note does not continue in full force and effect after the consummation of the transaction described in this Section 3Article II, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Notes be delivered to the Trustee as contemplated by Section 3.22.1(c)(B).
Appears in 1 contract
Samples: Convertible Note (Comprehensive Healthcare Solutions Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or --------------------- transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Samples: Asset Purchase Agreement (Advanced Aerodynamics & Structures Inc/)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.. Warrant
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in in, this Section 33.3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Frederick Brewing Co)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2Holder.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms Holders hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant Option shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant Option after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the CompanyParent, whether or not such person shall have expressly assumed the terms of this Warrant Option as provided in Section 4. In the event this Warrant Option does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the CompanyParent's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Holders will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 1 contract