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 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 such 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 5.
Appears in 30 contracts
Samples: Warrant Agreement (Ivt Software Inc), Warrant Agreement (Ivt Software Inc), Warrant Agreement (Ivt Software 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 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 such 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 5herein.
Appears in 20 contracts
Samples: Common Stock Purchase Warrant (Genetic Vectors Inc), Common Stock Purchase Warrant (Genetic Vectors Inc), Common Stock Purchase Warrant (Genetic Vectors 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 shares of stock and other securities 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 such stock or other securitiesOther 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 53.
Appears in 18 contracts
Samples: Common Stock Purchase Warrant (Accelerize Inc.), Common Stock Purchase Warrant (Accelerize Inc.), Common Stock Purchase Warrant (Accelerize 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 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 such 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 56.
Appears in 18 contracts
Samples: Common Stock Purchase Warrant (Lecroy Corp), Common Stock Purchase Warrant (Global Gold Corp), Loan Agreement (World Wireless Communications 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 shares of stock and other securities 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 such stock or other securitiesOther 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 53.
Appears in 15 contracts
Samples: Warrant Agreement (Spitcaufsky Larry), Warrant Agreement (Spitcaufsky Larry), Warrant Agreement (Spitcaufsky Larry)
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 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 such 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 58 hereof.
Appears in 14 contracts
Samples: Warrant Agreement (ZaZa Energy Corp), Securities Purchase Agreement (ZaZa Energy Corp), Warrant Agreement (ZaZa 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 shares of stock and other securities 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 such stock or other securitiesOther 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 54.
Appears in 13 contracts
Samples: Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp), Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp), Note Purchase Agreement (Options Media Group Holdings, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any such 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 shares of stock Common Stock and other securities and property receivable on upon 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 such stock Common 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 or more than 50% of the Companyvoting capital stock of the Company (whether issued and outstanding, newly issued or from treasury or any combination thereof), whether or not such person Person shall have expressly assumed the terms of this Warrant as provided in Section 5Warrant.
Appears in 13 contracts
Samples: Common Stock Purchase Warrant (Nexmed Inc), Common Stock Purchase Warrant (Nexmed Inc), Common Stock Purchase Warrant (TRM Corp)
Continuation of Terms. Upon Except as otherwise expressly provided in Subsection 4.1, upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant Option shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 54.1.
Appears in 11 contracts
Samples: Employment Agreement (Western Media Group Corp), Employment Agreement (Western Media Group Corp), Employment Agreement (Medlink 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 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 such 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 54.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Nestor Inc), Securities Purchase Agreement (Nestor Inc), Securities Purchase Agreement (Nestor Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3of the Company, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger 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 such 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 5Warrant.
Appears in 9 contracts
Samples: Warrant Agreement (Baywood International Inc), Warrant Agreement (Baywood International Inc), Warrant Agreement (Baywood International Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 35, this Warrant Warrant, to the extent not yet exercised in full, shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 5Warrant.
Appears in 7 contracts
Samples: Common Stock Purchase Warrant (Element 21 Golf Co), Common Stock Purchase Warrant (Element 21 Golf Co), Common Stock Purchase Warrant (Element 21 Golf 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 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 such 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 5Warrant.
Appears in 7 contracts
Samples: Warrant Agreement (Coupon Express, Inc.), Common Stock Purchase Warrant (Zealous Trading Group, Inc.), Series a Common Stock Purchase Warrant (Atlantic Syndication Network Inc)
Continuation of Terms. Upon Except as otherwise provided herein, 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 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 such 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 5Warrant.
Appears in 6 contracts
Samples: Common Stock Purchase Warrant (Glycomimetics Inc), Common Stock Purchase Warrant (Glycomimetics Inc), Common Stock Purchase Warrant (Glycomimetics 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 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 such 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 58 hereof.
Appears in 6 contracts
Samples: Warrant Agreement (Oragenics Inc), Warrant Agreement (Oragenics Inc), Common Stock Warrant Amendment (Oragenics Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and or 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 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 such 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 56.
Appears in 5 contracts
Samples: Warrant Agreement (Northeast Optic Network Inc), Warrant Agreement (Northeast Optic Network Inc), Warrant Agreement (Northeast Optic Network Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger 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 shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation 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 such 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 5herein.
Appears in 5 contracts
Samples: Common Stock Purchase Warrant (Bpi Packaging Technologies Inc), Securities Purchase Agreement (Bpi Packaging Technologies Inc), Securities Purchase Agreement (Bpi Packaging Technologies Inc)
Continuation of Terms. Upon Except as otherwise provided herein, 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 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 such 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 5Warrant.
Appears in 5 contracts
Samples: Framework Agreement (Ic Isaacs & Co Inc), Common Stock Purchase Warrant (Wurzburg Sa), Common Stock Purchase Warrant (Wurzburg Sa)
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 shares of stock and other securities 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 such stock or other securitiesOther 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 5Warrant.
Appears in 5 contracts
Samples: Warrant Agreement (Accelerize Inc.), Promissory Note (Accelerize Inc.), Warrant Agreement (Accelerize Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33 hereof, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities 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 such stock or other securitiesOther 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 54 hereof.
Appears in 5 contracts
Samples: Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, 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 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 such 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 58.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Visual Edge Systems Inc), Securities Purchase Agreement (Autobond Acceptance Corp), Common Stock Purchase Warrant (Visual Edge Systems 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 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 such 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 5Warrant.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Media Logic Inc), Common Stock Purchase Warrant (Media Logic Inc), Common Stock Purchase Warrant (Meta 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 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 such 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 54.
Appears in 4 contracts
Samples: Warrant Agreement (Numerex Corp /Pa/), Warrant Agreement (Numerex Corp /Pa/), Warrant Agreement (Numerex Corp /Pa/)
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 effect, subject to expiration in accordance with Section 17 hereof, and the terms hereof shall be applicable to the 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 such 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 5Warrant.
Appears in 4 contracts
Samples: Warrant Agreement (Lionbridge Technologies Inc /De/), Warrant Agreement (Lionbridge Technologies Inc /De/), Warrant Agreement (Lionbridge Technologies Inc /De/)
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 effect, subject to expiration in accordance with Section 17 hereof, and the terms hereof shall be applicable to the 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 such 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 55.12.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Lionbridge Technologies Inc /De/), Common Stock Purchase Warrant (Lionbridge Technologies Inc /De/), Common Stock Purchase Warrant (Lionbridge Technologies Inc /De/)
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 effect, subject to expiration in accordance with Section 17 hereof, and the terms hereof shall be applicable to the shares of stock and other securities 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 such stock or other securitiesOther 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 56.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Vialink Co), Common Stock Purchase Warrant (I2 Technologies Inc), Common Stock Purchase Warrant (Vialink 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 will continue in full force and effect and the terms hereof shall will be applicable to the shares of stock all securities 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 will be binding upon the issuer of any such 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 has expressly assumed the terms of this Warrant as provided in Section 5Warrant.
Appears in 4 contracts
Samples: Subscription Agreement (Acrodyne Communications Inc), Warrant Agreement (Newlight Associates L P), Warrant Agreement (Scorpion Acrodyne Investors LLC)
Continuation of Terms. Upon any reorganization, reclassification, recapitalization, 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 shares of stock and other securities Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, reclassification, recapitalization, consolidation or merger or the effective date of dissolution following any such transfermerger, as the case may be, and shall be binding upon the issuer of any such stock or other securitiesOther 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 58 hereof.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Chart Industries Inc), Warrant Agreement (Chart Industries Inc), Warrant Agreement (Chart Industries Inc)
Continuation of Terms. Upon any reorganization, consolidation, amalgamation, 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 shares of stock and other securities 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 such stock or other securitiesOther 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 5Warrant.
Appears in 4 contracts
Samples: Loan and Security Agreement (Accelerize Inc.), Warrant Agreement (Accelerize Inc.), Warrant Agreement (Accelerize Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 36 (any such event, a "Business Combination"), this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 beBusiness Combination, and shall be binding upon the issuer of any such 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 58 hereof.
Appears in 3 contracts
Samples: Warrant Agreement (Nuclear Metals Inc), Warrant Agreement (Starmet Corp), Warrant Agreement (Nuclear Metals 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 effect, subject to expiration in accordance with Section 17 hereof, and the terms hereof shall be applicable to the 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 such 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 56.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Ecollege Com), Warrant Agreement (SoftBrands, Inc.), Warrant Agreement (Odyssey Healthcare 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 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 such 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 5.
Appears in 3 contracts
Samples: Warrant Agreement (Netguru Inc), Warrant Agreement (Netguru Inc), Warrant Agreement (Netguru Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.08, this Warrant each Note shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities and property receivable on the exercise conversion of this Warrant any 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 such 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 the Note as provided in Section 53.09.
Appears in 3 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Photoelectron Corp), Subordinated Convertible Note Purchase Agreement (Photoelectron Corp), Convertible Note and Warrant Purchase Agreement (Photoelectron 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 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 transfermerger, as the case may be, and shall be binding upon the issuer of any such 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 5Warrant.
Appears in 3 contracts
Samples: Warrant Agreement (Childrens Wonderland Inc), Common Stock Purchase Warrant (Educational Video Conferencing Inc), Common Stock Purchase Warrant (Educational Video Conferencing 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 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 such 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 5.
Appears in 3 contracts
Samples: Warrant Agreement (Rnethealth Com Inc), Common Stock Purchase Warrant (Recovery Network Inc), Common Stock Purchase Warrant (Rnethealth Com 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 Option shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 58 hereof.
Appears in 3 contracts
Samples: Share Option Agreement (Biofield Corp \De\), Share Option Agreement (Biofield Corp \De\), Share Option Agreement (Biofield Corp \De\)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33 hereof, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities 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 such stock or other securitiesOther 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 55 hereof.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Esports Entertainment Group, Inc.), Stock Purchase Agreement (Esports Entertainment Group, Inc.), Securities Exchange Agreement (Activecare, 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 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 transfermerger, as the case may be, and shall be binding upon the issuer of any such 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 56.
Appears in 3 contracts
Samples: Warrant Agreement (Boundless Corp), Warrant Agreement (Boundless Corp), Common Stock Purchase Warrant (Boundless Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any such 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 shares of stock and other securities and property receivable on to which the Holder has a right to receive upon 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 or owner of any such stock or other securitiessecurities and property, including, in the case of any such transfer, the person Person acquiring all or substantially all of the properties or assets or more than fifty percent (50%) of the Companyvoting capital stock of the Company (whether issued and outstanding, newly issued or from treasury or any combination thereof), whether or not such person Person shall have expressly assumed the terms of this Warrant as provided in Section 5Warrant.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Uni-Pixel), Warrant Agreement (Uni-Pixel), Common Stock Purchase Warrant (Tudor Investment Corp Et Al)
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 will continue in full force and effect and the terms hereof shall will be applicable to the shares of stock and other securities and securities, cash, and/or property receivable on the exercise of this Warrant after or simultaneously with the consummation of such reorganization, consolidation consolidation, or merger or the effective date of dissolution following any such transfer, as the case may be, and shall will be binding upon the issuer of any such stock or other securities, including, in the case of any such transfer, 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 or entity expressly assumed assumes the terms of Company's obligations under this Warrant as provided in Section 55 hereof.
Appears in 3 contracts
Samples: Stock Purchase Warrant (Epicept Corp), Stock Purchase Warrant (Epicept Corp), Stock Purchase Warrant (Epicept Corp)
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 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 such 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 56.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Silverado Foods Inc), Common Stock Purchase Warrant (Asymetrix Learning Systems Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger merger, or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall will continue in full force and effect and the terms hereof shall will be applicable to the shares of stock and other securities and securities, cash, and/or property receivable on the exercise of this Warrant after or simultaneously with the consummation of such reorganization, consolidation consolidation, or merger or the effective date of dissolution following any such transfer, as the case may be, and shall will be binding upon the issuer of any such stock or 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 or entity expressly assumed assumes the terms of Company's obligations under this Warrant as provided in Section 54 hereof.
Appears in 2 contracts
Samples: National Distributor and Master Marketing Agreement (AMERICAN POWER GROUP Corp), Common Stock Purchase Warrant (AMERICAN POWER GROUP Corp)
Continuation of Terms. Upon any reorganization, consolidation, --------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 5section 6.
Appears in 2 contracts
Samples: Secured Subordinated Note and Warrant Purchase Agreement (Providence & Worcester Railroad Co/Ri/), Common Stock Purchase Warrant (Peritus Software Services Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) during the Adjustment Period and referred to in this Section 36, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock Shares and other securities Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, reclassification, recapitalization, 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 such stock Shares or other securitiesOther 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 58 hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Paperexchange Com Inc), Warrant Agreement (Paperexchange Com 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 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 such 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 5Warrant.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Silverado Foods Inc), Common Stock Purchase Warrant (Silverado Foods Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger 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 shares of stock and other securities and property receivable on the exercise of this Warrant 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 such 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 56.
Appears in 2 contracts
Samples: Series B Preferred Stock and Warrant Purchase Agreement (Datametrics Corp), Warrant Agreement (Datametrics Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 5section 6.
Appears in 2 contracts
Samples: Warrant Agreement (World Energy Solutions, Inc.), Note and Warrant Purchase Agreement (World Energy Solutions, 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 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 on the effective date of dissolution following any such transfer, transfer as the case may be, and shall be binding upon the issuer of any such 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 510.
Appears in 2 contracts
Samples: Class B Contingent Common Stock Purchase Warrant (Integrated Business Systems & Services Inc), Warrant Agreement (Integrated Business Systems & Services 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 shares of stock and other securities Other Securities and property receivable on the exercise of this the 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 such 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 5Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Greenman Technologies Inc), Warrant Agreement (Champion Financial Corp /Md/)
Continuation of Terms. Upon Notwithstanding any reorganization, consolidation, merger or transfer (and any dissolution following any such transfer) referred to in this Section 3Article IV, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities and property receivable on upon 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 such 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, securities whether or not such person Person shall have expressly assumed the terms of this Warrant as provided in Section 5Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Thorne Healthtech, Inc.), Warrant Agreement (Thorne Healthtech, 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 shares of stock and other securities 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 transfermerger, as the case may be, and shall be binding upon the issuer of any such stock or other securitiesOther 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 54.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Iptimize, Inc.), Warrant Agreement (Iptimize, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or merger, transfer (and any dissolution following any transfer) or other adjustment to the Initial Warrant Shares referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock 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, or any other adjustment to the Initial Warrant Shares referred to in this Section 4, as the case may be, and shall be binding upon the issuer of any such 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 54.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Dover Saddlery Inc), Common Stock Purchase Warrant (Dover Saddlery Inc)
Continuation of Terms. Upon any reorganization, --------------------- consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 5section 6.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Candela Corp /De/), Warrant Agreement (Candela Corp /De/)
Continuation of Terms. Upon any reorganization, consolidation, merger 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 shares of stock and Stock, other securities and securities, cash, and/or property receivable on the exercise of this Warrant after or simultaneously with the consummation of such reorganization, consolidation 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 such stock or 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 or entity shall have expressly assumed the terms of this Warrant as provided in Section 55 hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Rowecom Inc), Warrant Agreement (Rowecom Inc)
Continuation of Terms. Upon Except as otherwise expressly provided in Subsection 4.1, 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 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 such 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 54.1.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Tengtu International Corp), Unit Purchase Agreement (Tengtu International Corp)
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 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 such 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 5.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Interiors Inc), Common Stock Purchase Warrant (Interiors 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 shares of stock and other securities 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 such stock or other securitiesOther 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 5.
Appears in 2 contracts
Samples: Subscription Agreement (IR-Med, Inc.), Warrant Agreement (IR-Med, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 310, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 5Warrant.
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 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 or any such 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 5.
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 35, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 5Warrant.
Appears in 1 contract
Continuation of Terms. Upon Except as otherwise expressly provided in Subsection 4.1, 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 shares of stock and Other Securities 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 such stock or other securitiesOther 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 54.1.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Oxis 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 shares of stock Common Stock and other securities Other Securities and property receivable on the exercise of this the 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 such stock Common Stock or other securitiesOther 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 5Warrant.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Greenman Technologies 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 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 such 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 5Warrant.
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 effect, subject to expiration in accordance with Section 18 hereof, and the terms hereof shall be applicable to the 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 such 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 asprovided in Section 56.
Appears in 1 contract
Samples: Warrant Agreement (Allard Gerald R)
Continuation of Terms. Upon any reorganization, consolidation, ------------ -- ----- merger or transfer (and any dissolution following any transfer) referred to in this Section 3(S)7, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities 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 such stock or other securitiesOther 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 5(S)10 hereof.
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 32(b)(i), this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 5Warrant.
Appears in 1 contract
Samples: Warrant Agreement (First Community Bank Corp of America)
Continuation of Terms. Upon any reorganization, ------------------------ consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, 4. this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock Common Stock and other securities 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 transfermerger, as the case may be, and shall be binding upon the issuer of any such stock Common Stock or other securitiesOther 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 5herein.
Appears in 1 contract
Samples: Warrant Agreement (Worldteq Group International 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 hill force and effect and the terms hereof shall be applicable to the 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 such 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 56.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Total Film Group 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 shares of stock and any 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 such 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 53.
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 33.08, this Warrant the Note shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities and property receivable on the exercise conversion of this Warrant the 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 such 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 the Note as provided in Section 53.09.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Photoelectron Corp)
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 effect, subject to expiration in accordance with Section 17 hereof, and the terms hereof shall be applicable to the 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 such 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 5Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Lionbridge Technologies Inc /De/)
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 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 such 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 5.Option
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any such 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 shares of stock and other securities and property receivable on upon 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 such 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 CompanyCorporation, whether or not such person Person shall have expressly assumed the terms of this Warrant as provided in Section 5Warrant.
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 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 such 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 5.Section
Appears in 1 contract
Samples: 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 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 to the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any such 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 57.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Visual Edge Systems Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 section 5.
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 shares of stock securities 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 such 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 5.
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 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 such 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 5.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 37, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 59 hereof.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger merger, or transfer (and any dissolution following any transfer) referred to in this Section 35, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation 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 such 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 5herein.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Bpi Packaging Technologies Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3ss.6, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities 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 such stock or other securitiesOther 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 5ss.9 hereof.
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 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 such 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 6. 5.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Touch Tone America Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 35, this Warrant shall continue in full force and effect effect, subject to expiration in accordance with Section 18 hereof, and the terms hereof shall be applicable to the 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 such 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 56.
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 3of the Company, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger 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 such 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 5Warrant.
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 35, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 56.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger 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 shares of stock and stock, other securities and securities, cash, and/or property receivable on the exercise of this Warrant after or simultaneously with the consummation of such reorganization, consolidation 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 such stock or 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 or entity shall have expressly assumed the terms of this Warrant as provided in Section 55 hereof.
Appears in 1 contract
Samples: Exchange Agreement (Divine 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 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 such 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 54.
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 36, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 5Warrant.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, --------------------- merger or transfer (and any dissolution following any transfer) transfer referred to in this Section 3, 4) this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially 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 5Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Hyseq Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 35, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 CompanyREIT, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 57 hereof.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Philips International Realty Corp)
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 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 such 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 COMMON STOCK PURCHASE WARRANT NO. 1 - Page 15 (AutoBond Acceptance Corporation) Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 58.
Appears in 1 contract
Samples: Securities Purchase Agreement (Autobond Acceptance Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this the Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities Other Securities and property receivable on the exercise of this the 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 such 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 5the Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Saratoga International Holdings Corp)
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 effect, and its term shall not be shortened, and the terms hereof shall be applicable to the shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation consolidation, or merger or the effective date of dissolution following any such transfermerger, as the case may be, and shall be binding upon the issuer of any such 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 5Warrant.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any such 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 shares of stock and other securities and property receivable on upon 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 such 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 5Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Leukosite 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 effect, subject to expiration in accordance with Section 18 hereof, and the terms hereof shall be applicable to the 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 such 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 57.
Appears in 1 contract
Samples: Warrant Agreement (Amerigroup Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any such 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 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 such 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 56.
Appears in 1 contract
Samples: Warrant Agreement (Graphon Corp/De)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 35, this Warrant shall will continue in full force and effect and the terms hereof shall will be applicable to the shares of stock and other securities and securities, cash, and/or property receivable on the exercise of this Warrant after or simultaneously with the consummation of such reorganization, consolidation consolidation, or merger or the effective date of dissolution following any such transfer, as the case may be, and shall will be binding upon the issuer of any such stock or other securities, including, in the case of any such transfer, 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 or entity expressly assumed assumes the terms of Company’s obligations under this Warrant as provided in this Section 5.
Appears in 1 contract
Samples: Stock Purchase Warrant (Enanta Pharmaceuticals Inc)
Continuation of Terms. Upon any reorganization, ---------------------- consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.08, this Warrant each Note shall continue in full force and effect and the terms hereof shall be applicable to the shares of stock and other securities and property receivable on the exercise conversion of this Warrant any 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 such 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 the Note as provided in Section 53.09.
Appears in 1 contract
Samples: Subordinated Convertible Note Purchase Agreement (Photoelectron Corp)
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 effect, subject to expiration in accordance with Section 18 hereof, and the terms hereof shall be applicable to the 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 such 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 56.
Appears in 1 contract
Samples: Credit Agreement (Wpi Group Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the 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 such 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 5section 7.
Appears in 1 contract
Samples: Series a Convertible Preferred Stock and Warrant Purchase Agreement (Medical Sterilization Inc)
