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: Ivt Software Inc, Ivt Software Inc, 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: Genetic Vectors Inc, Genetic Vectors Inc, 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: Warrant Agreement (Accelerize Inc.), Accelerize Inc., 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 (Brassie Golf Corp), Registration Rights Agreement (World Wireless Communications Inc), 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: Spitcaufsky Larry, Spitcaufsky Larry, 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: Common Stock Purchase Warrant (ZaZa Energy Corp), Securities Purchase Agreement (ZaZa Energy Corp), Common Stock Purchase Warrant (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), Security 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: TRM Corp, TRM Corp, Wilson Holdings, 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), Implant Sciences Corp
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: Baywood International Inc, Baywood International Inc, Baywood 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 5Warrant.
Appears in 7 contracts
Samples: Coupon Express, Inc., Atlantic Syndication Network Inc, Atlantic Syndication Network 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 (Element 21 Golf Co), Element 21 Golf Co, Element 21 Golf Co
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: Glycomimetics Inc, Glycomimetics Inc, 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: Common Stock Purchase Warrant (Oragenics Inc), Common Stock Purchase (Oragenics Inc), Common Stock Purchase (Oragenics 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: Securities Purchase Agreement (Bpi Packaging Technologies Inc), Security Agreement (Bpi Packaging Technologies Inc), Securities Purchase Agreement (Bpi Packaging Technologies 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: Northeast Optic Network Inc, Northeast Optic Network Inc, Northeast Optic Network 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.), Share Purchase and Share Exchange Agreement (Wizard World, 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), Wurzburg Sa, 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: Accelerize Inc., Accelerize Inc., 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 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: Lionbridge Technologies Inc /De/, Lionbridge Technologies Inc /De/, 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 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: Numerex Corp /Pa/, Numerex Corp /Pa/, 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 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: Media Logic Inc, Media Logic Inc, Meta Group Inc
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: Chart Industries Inc, Chart Industries Inc, Chart Industries 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 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: I2 Technologies Inc, Vialink Co, Vialink Co
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: Limited Waiver (Accelerize Inc.), Accelerize Inc., Accelerize 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 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: Employment Agreement (Acrodyne Communications Inc), Newlight Associates L P, Newlight Associates L P
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: Lionbridge Technologies Inc /De/, Lionbridge Technologies Inc /De/, 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 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: Securities Purchase Agreement (Autobond Acceptance Corp), Purchase Agreement (Visual Edge Systems Inc), Common Stock Purchase (Autobond Acceptance 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: Educational Video Conferencing Inc, Childrens Wonderland Inc, Educational Video Conferencing 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 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), Common Stock Purchase Warrant (Uni-Pixel), Common Stock Purchase (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 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), SoftBrands, Inc., Registration Rights 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 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.), Letter Agreement (Activecare, 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 such 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 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 3 contracts
Samples: Common Stock Purchase Warrant (Ibasis Inc), Particle Drilling Technologies Inc/Nv, Ibasis 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: Boundless Corp, Boundless Corp, Boundless Corp
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 (Starmet Corp), Nuclear Metals Inc, Nuclear Metals 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), 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 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: Netguru Inc, Netguru Inc, Netguru 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: Rnethealth Com Inc, Recovery Network Inc, Rnethealth Com 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: Paperexchange Com Inc, Paperexchange Com 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: Peritus Software Services Inc, Providence & Worcester Railroad Co/Ri/
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: Rowecom Inc, Rowecom 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.), IR-Med, Inc.
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: Common Stock Purchase (Thorne Healthtech, Inc.), Common Stock Purchase (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: Iptimize, Inc., Iptimize, Inc.
Continuation of Terms. Upon Except as otherwise expressly provided in Subsection 6.1, 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 2 contracts
Samples: Securities Purchase Agreement (Cdknet Com Inc), Securities Purchase Agreement (Online System Services 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: Warrant Purchase Agreement (World Energy Solutions, Inc.), World Energy Solutions, Inc.
Continuation of Terms. Upon Except as otherwise expressly provided in Subsection 5.3, 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 5.
Appears in 2 contracts
Samples: Common Stock Warrant (Usa Talks Com Inc), Common Stock Warrant (Usa Talks 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 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: Integrated Business Systems & Services Inc, 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: Greenman Technologies Inc, Champion Financial Corp /Md/
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), Securities Purchase Agreement (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 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: Registration Rights Agreement (Datametrics Corp), Datametrics 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 5Warrant.
Appears in 2 contracts
Samples: Silverado Foods Inc, Silverado Foods 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/), 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 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), AMERICAN POWER GROUP Corp
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: Dover Saddlery Inc, Dover Saddlery 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 5.
Appears in 2 contracts
Samples: Interiors Inc, Interiors 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 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
Samples: Fibrocell Science, 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 6. 5.
Appears in 1 contract
Samples: 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 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
Samples: Fibrocell Science, 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 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
Samples: Silknet Software Inc
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 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: Leukosite Inc
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: 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
Samples: Vanda Pharmaceuticals 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 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: Enanta Pharmaceuticals 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: Convertible Preferred Stock and Warrant Purchase Agreement (Medical Sterilization 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 Common Stock and other securities Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, 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: Medjet 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 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 1 contract
Samples: Securities Purchase Agreement (Ameritruck Distribution 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 57.
Appears in 1 contract
Samples: Amerigroup Corp
Continuation of Terms. Upon Except as otherwise expressly provided in Subsection 5.1, 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 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 55.1.
Appears in 1 contract
Samples: Tengtu International Corp
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this 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 53.1.
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 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 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
Samples: Advanced Tissue Sciences 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 asprovided 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 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
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 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
Samples: Cubist Pharmaceuticals 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 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 59 hereof.
Appears in 1 contract
Samples: Paperexchange Com 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 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: Graphon Corp/De
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: 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 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: 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 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 CompanyCorporation, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 54.
Appears in 1 contract
Samples: Yappn 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 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: 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 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
Samples: Implant Sciences Corp
Continuation of Terms. Upon Except as otherwise expressly provided in Subsection 5.1, 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 55.1.
Appears in 1 contract
Samples: Tengtu International 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 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
Samples: Agreement (Coupon Express, 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: 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
Samples: Bradlees Stores Inc
Continuation of Terms. Upon Except as otherwise expressly provided in --------------------- Section 6.1, 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
Samples: Development, Access and License Agreement (Online System Services 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: 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 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) 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 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
Samples: Interiors 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
Samples: Omtool LTD
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
Samples: Preferred Stock Purchase Warrant (Oncure Medical 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 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: 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 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: Convertible Note Purchase Agreement (Photoelectron 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 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 securitiessecurities or 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 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 1 contract
Samples: Motient Corp