Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 89 contracts
Samples: Securities Purchase Agreement (Eastside Distilling, Inc.), Securities Purchase Agreement (Oramed Pharmaceuticals Inc.), Securities Purchase Agreement (Scilex Holding Co)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 53 contracts
Samples: Securities Purchase Agreement (Pure Vanilla Exchange Inc), Securities Purchase Agreement (Stinger Systems, Inc), Securities Purchase Agreement (eFuture Information Technology Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 50 contracts
Samples: Securities Purchase Agreement (Top KingWin LTD), Securities Purchase Agreement (Blue Ocean Acquisition Corp), Securities Purchase Agreement (TNL Mediagene)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall (i) maintain its corporate existence and (ii) not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 31 contracts
Samples: Securities Purchase Agreement (Cryptyde, Inc.), Securities Purchase Agreement (S7 Finance B.V.), Securities Purchase Agreement (MoneyOnMobile, Inc.)
Corporate Existence. So long as any Buyer beneficially the Investor owns any Notes or Warrantsthe Note, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNote.
Appears in 21 contracts
Samples: Securities Purchase Agreement (Freeseas Inc.), Securities Purchase Agreement (Freeseas Inc.), Securities Purchase Agreement (Freeseas Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 19 contracts
Samples: Securities Purchase Agreement (Vringo Inc), Securities Purchase Agreement (CorMedix Inc.), Securities Purchase Agreement (Pacific Ethanol, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 13 contracts
Samples: Note Purchase Agreement (Alpha Energy Inc), Note Purchase Agreement (Alpha Energy Inc), Note Purchase Agreement (Alpha Energy Inc)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrantsthe Note is outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNote.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Lm Funding America, Inc.), Securities Purchase Agreement (Lm Funding America, Inc.), Securities Purchase Agreement (Lm Funding America, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) or Fundamental Transaction (as defined in the Warrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Alpha Cognition Inc.), Securities Purchase Agreement (Alpha Cognition Inc.), Securities Purchase Agreement (Clean Vision Corp)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsWarrants remain outstanding, the Company shall not be party to any Fundamental Change (as defined in the Notes) or a Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions Changes set forth in the Notes and the applicable provisions governing Fundamental Transactions set forth in the Warrants.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Bionano Genomics, Inc.), Securities Purchase Agreement (Astra Space, Inc.), Securities Purchase Agreement (Agrify Corp)
Corporate Existence. So long as any Buyer beneficially owns any Convertible Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesConvertible Notes and Warrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Convertible Notes and the Warrants.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Borqs Technologies, Inc.), Securities Purchase Agreement (Borqs Technologies, Inc.), Securities Purchase Agreement (Mullen Automotive Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes the Note or WarrantsWarrant is outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Note and the WarrantsWarrant.
Appears in 5 contracts
Samples: Securities Purchase Agreement (KonaRed Corp), Securities Purchase Agreement (KonaRed Corp), Securities Purchase Agreement (KonaRed Corp)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Scorpius Holdings, Inc.), Securities Purchase Agreement (OneMedNet Corp), Securities Purchase Agreement (OneMedNet Corp)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall maintain its corporate existence and shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 4 contracts
Samples: Securities Purchase Agreement (RADIENT PHARMACEUTICALS Corp), Securities Purchase Agreement (Biovest International Inc), Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall (i) maintain its corporate existence and (ii) not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Histogenics Corp), Securities Purchase Agreement (Enerpulse Technologies, Inc.), Securities Purchase Agreement (NXT-Id, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes Note or WarrantsWarrant is outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Players Network), Securities Purchase Agreement (TWO RIVERS WATER & FARMING Co), Securities Purchase Agreement (Biolargo, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsPurchased Securities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Alternus Clean Energy, Inc.), Securities Purchase Agreement (Alternus Clean Energy, Inc.), Securities Purchase Agreement (Interactive Strength, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Notes, the Warrants and the WarrantsAdditional Investment Rights.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Broadvision Inc), Securities Purchase Agreement (Advanced Photonix Inc), Securities Purchase Agreement (Verilink Corp)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrantsare outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Allied Defense Group Inc), Securities Purchase Agreement (Allied Defense Group Inc), Securities Purchase Agreement (Allied Defense Group Inc)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and in the Warrants.
Appears in 3 contracts
Samples: Securities Purchase Agreement (YayYo, Inc.), Securities Purchase Agreement (YayYo, Inc.), Securities Purchase Agreement (YayYo, Inc.)
Corporate Existence. So For so long as any Buyer beneficially owns any Notes or Warrantsremain outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Nanogen Inc), Securities Purchase Agreement (Nanogen Inc)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, other than the Business Combination, neither the Company nor SPAC shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company or SPAC, as applicable, is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 2 contracts
Samples: Senior Secured Note Purchase Agreement (Berenson Acquisition Corp. I), Securities Purchase Agreement (GigCapital5, Inc.)
Corporate Existence. So For so long as any Buyer beneficially owns any Notes or WarrantsWarrants remain outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Evergreen Energy Inc), Securities Purchase Agreement (Immunicon Corp)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, as applicable, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Golden Autumn Holdings Inc.), Securities Purchase Agreement (Comanche Clean Energy Corp)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Nuburu, Inc.), Securities Purchase Agreement (Nuburu, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Evofem Biosciences, Inc.), Securities Purchase Agreement (Evofem Biosciences, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Series A Designation and the Warrants.
Appears in 2 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (EnterConnect Inc), Securities Purchase Agreement (EnterConnect Inc)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall (i) maintain its corporate existence and (ii) not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (GT Biopharma, Inc.), Securities Purchase Agreement (Banro Corp)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall maintain its corporate existence and shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (SouthPeak Interactive CORP), Securities Purchase Agreement (SouthPeak Interactive CORP)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants, if and as applicable.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Hythiam Inc), Securities Purchase Agreement (Iparty Corp)
Corporate Existence. So long as any Buyer beneficially owns any of the Notes or Warrantsremain outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrantsremain outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Arotech Corp), Securities Purchase Agreement (Arotech Corp)
Corporate Existence. So long as any the Buyer beneficially owns any Notes or Warrantss, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.s.
Appears in 2 contracts
Samples: Purchase Agreement (SRAX, Inc.), Purchase Agreement (SRAX, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNote is outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Boldface Group, Inc.), Securities Purchase Agreement (Boldface Group, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrantsremain outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Earth Biofuels Inc), Securities Purchase Agreement (Earth Biofuels Inc)
Corporate Existence. So long as any Buyer Purchaser beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ads in Motion, Inc.), Securities Purchase Agreement (Ads in Motion, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Atlas Technology Group, Inc.), Securities Purchase Agreement (Tribeworks Inc)
Corporate Existence. So long as any the Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) ), unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 1 contract
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsWarrants or the Buyer shall have the right to purchase any Additional Notes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (Art Advanced Research Technologies Inc)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (ECD Automotive Design, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsAdditional Investment Rights.
Appears in 1 contract
Corporate Existence. So long as any Buyer beneficially Purchaser owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (SANUWAVE Health, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsWarrants are outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Corporate Existence. So long as any the Buyer beneficially owns the Note or any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Note and the Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement
Corporate Existence. So long as any Buyer Subscriber beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Notes, the Additional Investment Right Warrants and the Warrants.
Appears in 1 contract
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsPreferred Shares, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and in the WarrantsCertificate of Designations.
Appears in 1 contract
Samples: Securities Purchase Agreement (Helios & Matheson Analytics Inc.)
Corporate Existence. So Except as set forth on Schedule 4(s), so long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Gaucho Group Holdings, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrantsare outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 1 contract
Corporate Existence. So long as any Buyer beneficially owns any Notes Notes, Warrants or WarrantsWarrant Shares, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Duos Technologies Group, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsWarrants remain outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Samples: Securities Subscription Agreement (Fusion Fuel Green PLC)
Corporate Existence. So long as any Buyer Holder beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Artistdirect Inc)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrantsa Note, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 1 contract
Corporate Existence. So long as any Buyer beneficially owns any Preferred Shares, Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Certificate of Designations, the Notes and the Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ascent Solar Technologies, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Corporate Existence. So long as any Buyer beneficially owns any Convertible Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Convertible Notes and the Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tanzanian Royalty Exploration Corp)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance complies with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Minrad International, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants, other than one reverse stock split at any time the Notes remain outstanding.
Appears in 1 contract
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction Change (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions Changes set forth in the Notes and the WarrantsNotes.
Appears in 1 contract
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, as applicable, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (Golden Sun Health Technology Group LTD)
Corporate Existence. So long as any the Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Samples: Purchase Agreement (SRAX, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 1 contract
Corporate Existence. So long as any Buyer Purchaser beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Corporate Existence. So long as any the Buyer beneficially owns any Notes or Warrants, neither the Company nor the Parent shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company and the Parent, as applicable, is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants------------------- Securities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (Charys Holding Co Inc)
Corporate Existence. So long as any Buyer the Creditor beneficially owns any Notes the Note or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Note and the Warrants.
Appears in 1 contract
Samples: Securities Restructuring Agreement (Sundial Growers Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Note and the WarrantsWarrant.
Appears in 1 contract
Corporate Existence. So long as any the Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.
Appears in 1 contract
Samples: Backstop Agreement (CorMedix Inc.)
Corporate Existence. So long as any Buyer the Investor beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the New Series Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNew Series Notes.
Appears in 1 contract
Samples: Exchange Agreement (Metalico Inc)
Corporate Existence. So long as the Holders beneficially own any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 1 contract
