Continuation of Terms. Upon any reorganization, reclassification, sale, consolidation, merger or other transfer (and any liquidation, dissolution or winding up of the Corporation following any such transfer) referred to in this Section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Stock and property (including cash, where applicable) receivable upon the exercise of this Warrant after the consummation of such reorganization, reclassification, sale, consolidation, merger or other transfer or the effective date of liquidation, dissolution or winding up of the Corporation following any such transfer, as the case may be, and shall be binding upon the issuer of any such Stock, including, in the case of any such transfer, the Person acquiring all or substantially all of the properties or assets or more than 50% of the voting capital stock of the Corporation (whether issued and outstanding, newly issued or from treasury or any combination thereof), whether or not such Person shall have expressly assumed the terms of this Warrant.
Appears in 7 contracts
Samples: Warrant Agreement (Softlock Com Inc), Common Stock Purchase Warrant (Prime Response Inc/De), Warrant Agreement (Prime Response Group Inc/De)
Continuation of Terms. Upon any reorganization, reclassification, sale, consolidation, merger or other transfer (and any liquidation, dissolution or winding up of the Corporation following any such transfer) referred to in this Section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Stock and property (including cash, where applicable) receivable upon the exercise of this Warrant after the consummation of such reorganization, reclassification, sale, consolidation, merger or other transfer or the effective date of liquidation, dissolution or winding up of the Corporation following any such transfer, as the case may be, and shall be binding upon the issuer of any such Stock, including, in the case of any such transfer, the Person acquiring all or substantially all of the properties or assets or more than fifty percent (50% %) of the voting capital stock of the Corporation (whether issued and outstanding, newly issued or from treasury or any combination thereof), whether or not such Person shall have expressly assumed the terms of this Warrant.
Appears in 3 contracts
Samples: Warrant Agreement (Softlock Com Inc), Warrant Agreement (Softlock Com Inc), Warrant Agreement (Softlock Com Inc)
Continuation of Terms. Upon Except as otherwise hereinafter provided, upon any reorganizationrecapitalization, reclassification, salereorganization, consolidation, merger or other transfer (and any liquidation, dissolution or winding up of the Corporation following any such transfertransfer or other conveyance) referred to in this Section 45, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Stock stock and other securities and property (including cash, where applicable) receivable upon on the exercise of this Warrant after the consummation of such reorganizationrecapitalization, reclassification, salereorganization, consolidation, consolidation or merger or other transfer or the effective date of liquidation, dissolution or winding up of the Corporation following any such transfertransfer or other conveyance, as the case may be, and shall be binding upon the issuer of any such Stockstock or other securities, including, in the case of any such transfertransfer or other conveyance, the Person person or entity acquiring all or substantially all of the properties or assets or more than 50% of the voting capital stock of the Corporation (whether issued and outstanding, newly issued or from treasury or any combination thereof)Company, whether or not such Person person or entity shall have expressly assumed the terms of this WarrantWarrant as provided herein.
Appears in 2 contracts
Samples: License Agreement (Cytogen Corp), License Agreement (Cytogen Corp)
Continuation of Terms. Upon any reorganization, reclassification, sale, consolidation, merger or other transfer (and any liquidation, dissolution or winding up of the Corporation following any such transfer) referred to in this Section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Stock and property (including cash, where applicable) receivable upon the exercise of this Warrant after the consummation of such reorganization, reclassification, sale, consolidation, merger or other transfer or the effective date of liquidation, dissolution or winding up of the Corporation following any such transfer, as the case may be, and shall be binding upon the issuer of any such Stock, including, in the case of any such transfer, the Person acquiring all or substantially all of the properties or assets or more than 50% of the voting capital stock of the Corporation (whether issued and outstanding, newly issued or from treasury or any combination thereof), whether or not such Person shall have expressly assumed the terms of this Warrant.
Appears in 2 contracts
Samples: Series D Senior Participating Convertible Redeemable Preferred Stock Purchase Agreement (Art Technology Group Inc), Warrant Agreement (Art Technology Group Inc)
Continuation of Terms. Upon any reorganization, reclassification, sale, --------------------- consolidation, merger or other transfer (and any liquidation, dissolution or winding up of the Corporation following any such transfer) referred to in this Section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Stock and property (including cash, where applicable) receivable upon the exercise of this Warrant after the consummation of such reorganization, reclassification, sale, consolidation, merger or other transfer or the effective date of liquidation, dissolution or winding up of the Corporation following any such transfer, as the case may be, and shall be binding upon the issuer of any such Stock, including, in the case of any such transfer, the Person acquiring all or substantially all of the properties or assets or more than 50% of the voting capital stock of the Corporation (whether issued and outstanding, newly issued or from treasury or any combination thereof), whether or not such Person shall have expressly assumed the terms of this Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Prime Response Inc/De), Common Stock Purchase Warrant (Prime Response Group Inc/De)
Continuation of Terms. Upon Except as otherwise hereinafter --------------------- provided, upon any reorganizationrecapitalization, reclassification, salereorganization, consolidation, merger or other transfer (and any liquidation, dissolution or winding up of the Corporation following any such transfertransfer or other conveyance) referred to in this Section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Stock stock and other securities and property (including cash, where applicable) receivable upon on the exercise of this Warrant after the consummation of such reorganizationrecapitalization, reclassification, salereorganization, consolidation, consolidation or merger or other transfer or the effective date of liquidation, dissolution or winding up of the Corporation following any such transfertransfer or other conveyance, as the case may be, and shall be binding upon the issuer of any such Stockstock or other securities, including, in the case of any such transfertransfer or other conveyance, the Person acquiring all or substantially all of the properties or assets or more than 50% of the voting capital stock of the Corporation (whether issued and outstanding, newly issued or from treasury or any combination thereof)Company, whether or not such Person shall have expressly assumed the terms of this WarrantWarrant as provided herein.
Appears in 1 contract
Samples: Class a Common Stock Purchase Warrant (Bradley Pharmaceuticals Inc)