Corporate Existence; Major Transaction. (A) The Company has failed to either (1) place the Major Transaction Warrant Early Termination Price or the Exercise Shares issuable upon exercise of a Cashless Major Exercise, as the case may be, into escrow or (2) obtain the written agreement of the Successor Entity as described in Section 5(c)(iv), or the Company has failed to instruct the escrow agent to release such amount or such shares, as the case may be, to the Holder pursuant to Section 5(c)(iv), or (B) with respect to a Major Transaction that is to be treated as an Assumption under the terms hereof, the Company has failed to meet the Assumption requirements of Section 5(c)(ii).
Appears in 4 contracts
Samples: Warrant Agreement (Alphatec Holdings, Inc.), Facility Agreement (MAKO Surgical Corp.), Facility Agreement (MAKO Surgical Corp.)
Corporate Existence; Major Transaction. (A) The Company has failed to either (1) place the Major Transaction Warrant Early Termination Price Cash Payment or the Exercise Shares issuable upon exercise of a Cashless Major Exercise, as the case may be, into escrow or (2) obtain the written agreement of the Successor Entity as described in Section 5(c)(iv), or the Company has failed to instruct the escrow agent to release such amount or such shares, as the case may be, to the Holder pursuant to Section 5(c)(iv), or (B) with respect to a Major Transaction that is to be treated as an Assumption under the terms hereof, the Company has failed to meet the Assumption requirements of Section 5(c)(ii).
Appears in 3 contracts
Samples: Warrant Agreement (Infinity Pharmaceuticals, Inc.), Warrant Agreement (Infinity Pharmaceuticals, Inc.), Facility Agreement (Infinity Pharmaceuticals, Inc.)
