Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 187 contracts
Samples: Securities Purchase Agreement (First Choice Healthcare Solutions, Inc.), Securities Purchase Agreement (Aja Cannafacturing, Inc.), Securities Purchase Agreement (Radiant Creations Group, Inc.)
Corporate Existence. So long as the a Buyer beneficially owns any NoteNotes or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 107 contracts
Samples: Securities Purchase Agreement (Modern Technology Corp), Securities Purchase Agreement (Skylynx Communications Inc), Securities Purchase Agreement (Banyan Corp /Or/)
Corporate Existence. So long as the a Buyer beneficially owns any NoteNotes or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 96 contracts
Samples: Securities Purchase Agreement (Camelot Entertainment Group, Inc.), Securities Purchase Agreement (Avitar Inc /De/), Securities Purchase Agreement (Banyan Corp /Or/)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC MARKETS, Nasdaq, Nasdaq SmallCap, NYSE SmallCap or AMEXNYSE.
Appears in 86 contracts
Samples: Securities Purchase Agreement (All for One Media Corp.), Securities Purchase Agreement (Mphase Technologies Inc), Securities Purchase Agreement (Clubhouse Media Group, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 83 contracts
Samples: Securities Purchase Agreement (Friendable, Inc.), Securities Purchase Agreement (Friendable, Inc.), Securities Purchase Agreement (NanoFlex Power Corp)
Corporate Existence. So long as the a Buyer beneficially owns any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 54 contracts
Samples: Securities Purchase Agreement (Idial Networks Inc), Securities Purchase Agreement (Crystal International Travel Group, Inc.), Securities Purchase Agreement (Insynq Inc)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 36 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (TagLikeMe Corp.), Securities Purchase Agreement (China Logistics Group Inc)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 25 contracts
Samples: Securities Purchase Agreement (Ab International Group Corp.), Securities Purchase Agreement (Ab International Group Corp.), Securities Purchase Agreement (Ab International Group Corp.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 21 contracts
Samples: Securities Purchase Agreement (JPX Global Inc.), Securities Purchase Agreement (Ecosciences, Inc.), Securities Purchase Agreement (MyDx, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 19 contracts
Samples: Securities Purchase Agreement (RX Safes, Inc.), Securities Purchase Agreement (SearchCore, Inc.), Securities Purchase Agreement (SearchCore, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Cross Click Media Inc.), Securities Purchase Agreement (Hangover Joe's Holding Corp), Securities Purchase Agreement (Hangover Joe's Holding Corp)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 17 contracts
Samples: Securities Purchase Agreement (First Choice Healthcare Solutions, Inc.), Securities Purchase Agreement (Max Sound Corp), Securities Purchase Agreement (Max Sound Corp)
Corporate Existence. So long as the a Buyer beneficially owns any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Juniper Group Inc), Securities Purchase Agreement (Sun Network Group Inc), Securities Purchase Agreement (Clickable Enterprises Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Cannasys Inc), Securities Purchase Agreement (Graphite Corp), Securities Purchase Agreement (Peer to Peer Network)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed quoted for trading on the OTCBBPink Sheets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 10 contracts
Samples: Securities Purchase Agreement (First Colombia Gold Corp.), Securities Purchase Agreement (First Colombia Gold Corp.), Securities Purchase Agreement (First Colombia Gold Corp.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC MARKETS, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Jerrick Media Holdings, Inc.), Securities Purchase Agreement (Freeseas Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Markets, Nasdaq, Nasdaq Nasdaq, SmallCap, NYSE or AMEX, or any applicable trading exchange.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Ozop Surgical Corp.), Securities Purchase Agreement (Greenfield Farms Food, Inc.), Securities Purchase Agreement (Greenfield Farms Food, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEXAMEX or is quoted on the Pink Sheets.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Players Network), Securities Purchase Agreement (Players Network), Securities Purchase Agreement (Players Network)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC MARKETS, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Stealth Technologies, Inc.), Securities Purchase Agreement (Artec Global Media, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCP, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Black Cactus Global, Inc.), Securities Purchase Agreement (Biolargo, Inc.), Securities Purchase Agreement (Hemp Naturals, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Cannasys Inc), Securities Purchase Agreement (Cannasys Inc), Securities Purchase Agreement (Graphite Corp)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq Nasdaq, SmallCap, NYSE or AMEX, or any applicable trading exchange.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Greenfield Farms Food, Inc.), Securities Purchase Agreement (Ozop Surgical Corp.), Securities Purchase Agreement (Code Green Apparel Corp)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Global Earth Energy, Inc.), Securities Purchase Agreement (Ecologix Resource Group, Inc.), Securities Purchase Agreement (Zaldiva Inc)
Corporate Existence. So long as the a Buyer beneficially owns any NotePreferred Shares or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Superconductor Technologies Inc), Securities Purchase Agreement (Hillman Co), Securities Purchase Agreement (Saba Petroleum Co)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Markets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 5 contracts
Samples: Securities Purchase Agreement (MyDx, Inc.), Securities Purchase Agreement (MyDx, Inc.), Securities Purchase Agreement (Rich Pharmaceuticals, Inc.)
Corporate Existence. So long as the Buyer Investor beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Mphase Technologies Inc), Securities Purchase Agreement (Greater Cannabis Company, Inc.), Securities Purchase Agreement (Cannabis Global, Inc.)
Corporate Existence. So long as the Buyer Buyers beneficially owns own any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX, or any other equivalent or replacement quotation service or exchange.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Centurion Gold Holdings Inc)
Corporate Existence. So long as the a Buyer beneficially owns any NoteNotes, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Worthington Energy, Inc.), Securities Purchase Agreement (SpeechSwitch, Inc.), Securities Purchase Agreement (Univec Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCPK, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Hydrocarb Energy Corp), Securities Purchase Agreement (Hydrocarb Energy Corp), Securities Purchase Agreement (Mind Solutions Inc.)
Corporate Existence. So The Company will, so long as the Buyer beneficially owns any Noteof the Securities, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock common stock is listed for trading on the OTCBBOTC Markets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (LevelBlox, Inc.), Securities Purchase Agreement (LevelBlox, Inc.), Securities Purchase Agreement (AlphaPoint Technology, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any o Note, the Company shall maintain its corporate existence and shall not sell all or substantially all substantia of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements agreement and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE NY E or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Aja Cannafacturing, Inc.), Securities Purchase Agreement (Aja Cannafacturing, Inc.), Securities Purchase Agreement (IDS Industries, Inc.)
Corporate Existence. So long as the Buyer Purchaser beneficially owns any NoteNotes, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (First Corp /Cn/), Securities Purchase Agreement (First Corp /Cn/), Securities Purchase Agreement (First Corp /Cn/)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, pink sheets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (HDS International Corp.), Securities Purchase Agreement (HDS International Corp.), Securities Purchase Agreement (HDS International Corp.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Pink, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Coates International LTD \De\), Securities Purchase Agreement (Coates International LTD \De\), Securities Purchase Agreement (Coates International LTD \De\)
Corporate Existence. So long as the Buyer beneficially owns any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX, or any other equivalent or replacement quotation service or exchange.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is 1s listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (IDS Industries, Inc.), Securities Purchase Agreement (IDS Industries, Inc.), Securities Purchase Agreement (IDS Industries, Inc.)
Corporate Existence. So The Company will, so long as the each Buyer beneficially owns any Noteof the Securities, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Markets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Tixfi Inc.), Securities Purchase Agreement (Blue Sky Media Corp), Securities Purchase Agreement (Life Clips, Inc.)
Corporate Existence. So long as the a Buyer beneficially owns any Note------------------- Debentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (E Resources Inc), Securities Purchase Agreement (Roanoke Technology Corp), Securities Purchase Agreement (Airtech International Group Inc)
Corporate Existence. So long as the a Buyer beneficially owns ------------------- any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Aura Systems Inc), Securities Purchase Agreement (Aura Systems Inc), Securities Purchase Agreement (Aura Systems Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTC PINK, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Sylios Corp), Securities Purchase Agreement (Q BioMed Inc.), Securities Purchase Agreement (Hydrocarb Energy Corp)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Bioheart, Inc.), Securities Purchase Agreement (Bioheart, Inc.)
Corporate Existence. So long as the Buyer a Debtholder beneficially owns any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Debt Exchange Agreement (Lithium Technology Corp), Debt Exchange Agreement (Lithium Technology Corp)
Corporate Existence. So long as the Buyer beneficially owns any NotePreferred Stock, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (OxySure Systems Inc), Securities Purchase Agreement (OxySure Systems Inc)
Corporate Existence. So long as the Buyer beneficially owns any NoteNote or the Warrant, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mass Hysteria Entertainment Company, Inc.), Securities Purchase Agreement (Veriteq)
Corporate Existence. So long as the Buyer beneficially owns any the Note, (or portion thereof), the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq Nasdaq, SmallCap, NYSE or AMEX, or any applicable trading exchange.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Wisdom Homes of America, Inc.), Securities Purchase Agreement (Wisdom Homes of America, Inc.)
Corporate Existence. So long as the a Buyer beneficially owns any NoteDebentures ------------------- or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Imaging Technologies Corp/Ca), Securities Purchase Agreement (Marketcentral Net Corp)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Tungsten Corp.), Securities Purchase Agreement (Tungsten Corp.)
Corporate Existence. So long as the Buyer Investor beneficially owns any Noteof the Notes, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pazoo, Inc.), Securities Purchase Agreement (Mind Solutions Inc.)
Corporate Existence. So long as the Buyer beneficially owns any NoteDebenture, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC MARKETS, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Jerrick Media Holdings, Inc.), Securities Purchase Agreement (Jerrick Media Holdings, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any NoteWarrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and or (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX, or any other equivalent or replacement quotation service or exchange.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq Nasdaq, SmallCap, NYSE or AMEX, or any applicable trading exchange.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Wisdom Homes of America, Inc.), Securities Purchase Agreement (Wisdom Homes of America, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCBB (or equivalent replacement quotation system), Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Greenestone Healthcare Corp), Securities Purchase Agreement (Greenestone Healthcare Corp)
Corporate Existence. So long as the Buyer beneficially owns any NotePromissory Note or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX, or any other equivalent or replacement quotation service or exchange.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc)
Corporate Existence. So long as the a Buyer ------------------- beneficially owns any NoteNotes or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Med Gen Inc), Securities Purchase Agreement (Med Gen Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Edison Nation, Inc.), Securities Purchase Agreement (Edison Nation, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock Shares is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Note Purchase Agreement (Algae Dynamics Corp.), Note Purchase Agreement (Algae Dynamics Corp.)
Corporate Existence. So long as the Buyer a Investor beneficially owns any Notethe Note or the Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (NYXIO TECHNOLOGIES Corp), Securities Purchase Agreement (NYXIO TECHNOLOGIES Corp)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all alJ of the Company’s ' s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Las Vegas Railway Express, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBPink Sheets, OTCQX, OTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the a Buyer beneficially owns any NotePreferred Shares, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the a Buyer beneficially owns any Note, Notes. the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Camelot Entertainment Group, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Noteportion of the Note or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Egpi Firecreek, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX, unless the surviving or successor entity pays off the Note in accordance with Section 1.6(b) of the Note.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any NoteNotes, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, assets where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCPK, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s Companys assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s Companys assets, where the surviving or successor entity in such transaction (i) assumes the Company’s Companys obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction transaction: (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith herewith; and (ii) is a publicly traded corporation whose Common Stock common stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCapNYSE, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCBB or any equivalent replacement quotation service, NasdaqNasdaq , Nasdaq SmallCap, NYSE or AMEXAMEX .
Appears in 1 contract
Samples: Securities Purchase Agreement (High Performance Beverages Co.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCapSmaliCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Titan Iron Ore Corp.)
Corporate Existence. So long as the a Buyer beneficially owns any NoteNotes or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapCapital, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Protocall Technologies Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell in one or more related transactions assets representing all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (HydroPhi Technologies Group, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and 15 instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the a Buyer beneficially owns ------------------- any NoteNotes or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Epicus Communications Group Inc)
Corporate Existence. So long as the a Buyer beneficially owns any NoteDebentures, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer Purchaser beneficially owns any Note, the Note the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBAMEX, Nasdaqthe Nasdaq National Market, the Nasdaq SmallCap, NYSE SmallCap Market or AMEXthe NYSE.
Appears in 1 contract
Samples: Securities Purchase Agreement (Aviation General Inc)
Corporate Existence. So long as the a Buyer beneficially owns any NoteNotes or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction such
(i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Dynamic Leisure Corp)
Corporate Existence. So long as the Buyer beneficially owns any Note, Note the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Pink, OTCQB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (American International Holdings Corp.)
Corporate Existence. So long as the Buyer Lender beneficially owns any NoteWarrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and or (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX, or any other equivalent or replacement quotation service or exchange.
Appears in 1 contract
Corporate Existence. So long as the Buyer Investor beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any the Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (EzFill Holdings Inc)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes ass umes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer a Investor beneficially owns any Notethe Note or the Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Dewmar International BMC, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s ' s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC MARKETS, Nasdaq, Nasdaq SmallCap, NYSE Small Cap or AMEXNYSE.
Appears in 1 contract
Samples: Securities Purchase Agreement (Guided Therapeutics Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s Company 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Hangover Joe's Holding Corp)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTC Markets, OTCBB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all more than 33% of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Soul & Vibe Interactive Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBPink Sheets, OTCQX, OTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any NoteNotes, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock Shares is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any NoteNote(s), the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTC PINK, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCPINK, OTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Vape Holdings, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCQB, OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cyclone Power Technologies Inc)
Corporate Existence. So long as the a Buyer beneficially owns any NoteDebentures, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (China Logistics Group Inc)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE NYSE, or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Freshwater Technologies Inc.)
Corporate Existence. So long as the Buyer a Investor beneficially owns any Notethe Notes, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (BioNeutral Group, Inc)
Corporate Existence. So The Company will, so long as the Buyer beneficially owns any Noteof the Securities, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Markets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Rich Pharmaceuticals, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX, or any applicable trading exchange.
Appears in 1 contract
Samples: Securities Purchase Agreement (Propanc Health Group Corp)