Common use of Dissolution, Liquidation and Wind-Up Clause in Contracts

Dissolution, Liquidation and Wind-Up. In case the Company shall, at any time prior to the expiration of this Warrant, dissolve, liquidate or wind up its affairs, the Warrantholders shall be entitled, upon the exercise of this Warrant, to receive, in lieu of the shares of Common Stock of the Company which such Warrantholders would have been entitled to receive, the same kind and amount of assets as would have been issued, distributed or paid to such Warrantholders upon any such dissolution, liquidation or winding up with respect to such shares of Common Stock of the Company, had such Warrantholders been the holders of record of the Warrant Shares receivable upon the exercise of this Warrant on the record date for the determination of those persons entitled to receive any such liquidating distribution. After any such dissolution, liquidation or winding up which shall result in any cash distribution in excess of the Exercise Price provided for by this Warrant, the Warrantholders may, at each such Warrantholder's option, exercise the same without making payment of the Exercise Price, and in such case the Company shall, upon the distribution to said Warrantholders, consider that said Exercise Price has been paid in full to it and in making settlement to said Warrantholders, shall deduct from the amount payable to such Warrantholders an amount equal to such Exercise Price.

Appears in 6 contracts

Samples: Warrant Agreement (Digital Theater Systems Inc), Warrant Agreement (Digital Theater Systems Inc), Warrant Agreement (Unison Healthcare Corp)

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Dissolution, Liquidation and Wind-Up. In case the Company shall, at any time prior to the expiration of this WarrantWarrant and prior to the exercise thereof, dissolve, liquidate or wind up its affairs, the Warrantholders shall be entitled, upon the exercise of this Warrant, to receive, in lieu of the shares of Common Stock of the Company Warrant Shares which such Warrantholders would have been entitled to receive, the same kind and amount of assets as would have been issued, distributed or paid to such Warrantholders upon any such dissolution, liquidation or winding up with respect to such shares of Common Stock of the CompanyWarrant Shares, had such Warrantholders been the holders of record of the Warrant Shares receivable upon the exercise of this Warrant on the record date for the determination of those persons entitled to receive any such liquidating distribution. After any such dissolution, liquidation or winding up which shall result in any cash distribution in excess of the Exercise Price provided for by this Warrant, the Warrantholders may, at each such Warrantholder's option, exercise the same without making payment of the Exercise Price, and in such case the Company shall, upon the distribution to said Warrantholders, consider that said Exercise Price has been paid in full to it and in making settlement to said Warrantholders, shall deduct from the amount payable to such Warrantholders an amount equal to such Exercise Price.

Appears in 3 contracts

Samples: Convertible Bridge Loan and Warrant Agreement (Akorn Inc), Common Stock Purchase Warrant (Akorn Inc), Common Stock Purchase Warrant (Akorn Inc)

Dissolution, Liquidation and Wind-Up. In case the Company shall, at any time prior to the expiration of this Warrant, dissolve, liquidate or wind up its affairs, the Warrantholders holder of this Warrant shall be entitled, upon the exercise of this Warrant, to receive, receive in lieu of the shares of Common Stock of the Company which such Warrantholders holder would have been entitled to receive, the same kind and amount of assets as would have been issued, distributed or paid to such Warrantholders holder upon any such dissolution, liquidation or winding up with respect to such shares of Common Stock of the Company, had such Warrantholders holder been the holders holder of record of the Warrant Shares receivable upon the exercise of this Warrant on the record date for the determination of those persons entitled to receive any such liquidating distribution. After any such dissolution, liquidation or winding up which shall result in any cash distribution in excess of the Exercise Warrant Price provided for by this Warrant, the Warrantholders holder of this Warrant may, at each such Warrantholderholder's option, exercise the same without making payment of the Exercise Warrant Price, and in such case the Company shall, upon the distribution to said Warrantholdersthe holder, consider that said Exercise Warrant Price has been paid in full to it and in making settlement to said Warrantholdersthe holder, shall deduct from the amount payable to such Warrantholders the holder of this Warrant an amount equal to such Exercise Warrant Price.

Appears in 3 contracts

Samples: Warrant Agreement (Pearl Frank H), Warrant Agreement (Cardiac Science Inc), Common Stock Purchase Agreement (Collagenex Pharmaceuticals Inc)

Dissolution, Liquidation and Wind-Up. In case the Company shall, at any time prior to the expiration of this Warrant, dissolve, liquidate or wind up its affairs, the Warrantholders Registered Holders shall be entitled, upon the exercise of this Warrant, to receive, in lieu of the shares of Common Stock of the Company which such Warrantholders Registered Holders would have been entitled to receive, the same kind and amount of assets as would have been issued, distributed or paid to such Warrantholders Registered Holders upon any such dissolution, liquidation or winding up with respect to such shares of Common Stock of the Company, had such Warrantholders Registered Holders been the holders of record of the Warrant Shares receivable upon the exercise of this Warrant on the record date for the determination of those persons entitled to receive any such liquidating distribution. After any such dissolution, liquidation or winding up which shall result in any cash distribution in excess of the Exercise Price provided for by this Warrant, the Warrantholders Registered Holders may, at each such WarrantholderRegistered Holder's option, exercise the same without making payment of the Exercise Price, and in such case the Company shall, upon the distribution to said WarrantholdersRegistered Holders, consider that said Exercise Price has been paid in full to it and in making settlement to said WarrantholdersRegistered Holders, shall deduct from the amount payable to such Warrantholders Registered Holders an amount equal to such Exercise Price.

Appears in 2 contracts

Samples: Warrant Agreement (Mobile Mini Inc), Warrant Agreement (Mobile Mini Inc)

Dissolution, Liquidation and Wind-Up. In case the Company shall, at any time prior to the expiration of this WarrantWarrant and prior to the exercise thereof, dissolve, liquidate or wind up its affairs, the Warrantholders shall be entitled, upon the exercise of this Warrant, to receive, in lieu of the shares of Common Stock of the Company which such Warrantholders would have been entitled to receive, the same kind and amount of assets as would have been issued, distributed or paid to such Warrantholders upon any such dissolution, liquidation or winding up with respect to such shares of Common Stock of the Company, had such Warrantholders been the holders of record of the Warrant Shares receivable upon the exercise of this Warrant on the record date for the determination of those persons entitled to receive any such liquidating distribution. After any such dissolution, liquidation or winding up which shall result in any cash distribution in excess of the Exercise Price provided for by this Warrant, the Warrantholders may, at each such Warrantholder's option, exercise the same without making payment of the Exercise Price, and in such case the Company shall, upon the distribution to said Warrantholders, consider that said Exercise Price has been paid in full to it and in making settlement to said Warrantholders, shall deduct from the amount payable to such Warrantholders an amount equal to such Exercise Price.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Cooper Companies Inc)

Dissolution, Liquidation and Wind-Up. In case the Company shall, at any time prior to the expiration of this Warrant, dissolve, liquidate or wind up its affairs, the Warrantholders Warrantholder shall be entitled, upon the exercise of this Warrant, to receive, in lieu of the shares of Common Stock of the Company which such Warrantholders Warrantholder would have been entitled to receive, the same kind and amount of assets as would have been issued, distributed or paid to such Warrantholders Warrantholder upon any such dissolution, liquidation or winding up with respect to such shares of Common Stock of the Company, had such Warrantholders Warrantholder been the holders holder of record of the Warrant Shares receivable upon the exercise of this Warrant on the record date for the determination of those persons entitled to receive any such liquidating distribution. After any such dissolution, liquidation or winding up which shall result in any cash distribution in excess of the Exercise Price provided for by this Warrant, the Warrantholders Warrantholder may, at each such Warrantholder's option, exercise the same without making payment of the Exercise Price, and in such case the Company shall, upon the distribution to said WarrantholdersWarrantholder, consider that said Exercise Price has been paid in full to it and in making settlement to said WarrantholdersWarrantholder, shall deduct from the amount payable to such Warrantholders Warrantholder an amount equal to such Exercise Price.

Appears in 1 contract

Samples: Warrant Agreement (Maxwell Technologies Inc)

Dissolution, Liquidation and Wind-Up. In case the Company shall, at any time prior to the expiration of this Warrant, dissolve, liquidate or wind up its affairs, the Warrantholders shall be entitled, upon the exercise surrender of this Warrant, to receive, in lieu of the shares of Common Stock of the Company which that such Warrantholders would have been entitled to receive, the same kind and amount of assets as would have been issued, distributed or paid to such Warrantholders upon any such dissolution, liquidation or winding up with respect to such shares of Common Stock of the CompanyStock, had such Warrantholders been the holders of record of the Warrant Shares receivable upon the exercise of this Warrant on the record date for the determination of those persons entitled to receive any such liquidating distribution. After If such Warrantholders are entitled to receive any liquidating distribution and after any such dissolution, liquidation or winding up which that shall result in any cash distribution in excess of the Exercise Price provided for by this Warrant, the Warrantholders may, at each such Warrantholder's option, exercise the same without making payment of the Exercise Price, and in Price subject to the following provision: In such case the Company shall, upon the distribution to said WarrantholdersWarrantholders deduct from the amount payable to such Warrantholders an amount equal to such Exercise Price and, consider that said Exercise Price has been paid in full to it and in making settlement to said Warrantholders, shall deduct from the amount payable to such Warrantholders an amount equal to such Exercise Price.

Appears in 1 contract

Samples: Warrant Agreement (Softnet Systems Inc)

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Dissolution, Liquidation and Wind-Up. In case the Company shall, at any time prior to the expiration of this Warrant, dissolve, liquidate or wind up its affairs, the Warrantholders shall be entitled, upon the exercise of this Warrant, to receive, in lieu of the shares of Common Stock of the Company which such Warrantholders would have been entitled to receive, the same kind and amount of assets as would have been issued, distributed or paid to such Warrantholders upon any such dissolution, liquidation or winding up with respect to such shares of Common Stock of the Company, had such Warrantholders been the holders of record of the Warrant Shares receivable upon the exercise of this Warrant on the record date for the 6 determination of those persons entitled to receive any such liquidating distribution. After any such dissolution, liquidation or winding up which shall result in any cash distribution in excess of the Exercise Price provided for by this Warrant, the Warrantholders may, at each such Warrantholder's option, exercise the same without making payment of the Exercise Price, and in such case the Company shall, upon the distribution to said Warrantholders, consider that said Exercise Price has been paid in full to it and in making settlement to said Warrantholders, shall deduct from the amount payable to such Warrantholders an amount equal to such Exercise Price.

Appears in 1 contract

Samples: Stock Purchase Warrant (Mobile Mini Inc)

Dissolution, Liquidation and Wind-Up. In case the Company shall, at any time prior to the expiration of this Warrant, dissolve, liquidate or wind up its affairsaffairs in a transaction not otherwise covered by Section 4(c) or Section 4(d), the Warrantholders holder of this Warrant shall be entitled, upon the exercise of this Warrant, to receive, receive in lieu of the shares of Common Stock of the Company which such Warrantholders holder would have been entitled to receive, the same kind and amount of assets as would have been issued, distributed or paid to such Warrantholders holder upon any such dissolution, liquidation or winding up with respect to such shares of Common Stock of the Company, had such Warrantholders holder been the holders holder of record of the Warrant Shares receivable upon the exercise of this Warrant on the record date for the determination of those persons entitled to receive any such liquidating distribution. After any such dissolution, liquidation or winding up which shall result in any cash distribution in excess of the Exercise Warrant Price provided for by this Warrant, the Warrantholders holder of this Warrant may, at each such Warrantholderholder's option, exercise the same without making payment of the Exercise Warrant Price, and in such case the Company shall, upon the distribution to said Warrantholdersthe holder, consider that said Exercise Warrant Price has been paid in full to it and in making settlement to said Warrantholdersthe holder, shall deduct from the amount payable to such Warrantholders the holder of this Warrant an amount equal to such Exercise Warrant Price.

Appears in 1 contract

Samples: Warrant Agreement (Neotherapeutics Inc)

Dissolution, Liquidation and Wind-Up. In case the Company shall, at any time prior to the expiration of this Warrant, dissolve, liquidate or wind up its affairs, the Warrantholders holder of this Warrant shall be entitled, upon the exercise of this Warrant, to receive, receive in lieu of the shares of Common Stock of the Company which such Warrantholders holder would have been entitled to receive, the same kind and amount of assets as would have been issued, distributed or paid to such Warrantholders holder upon any such dissolution, liquidation or winding up with respect to such shares of Common Stock of the Company, had such Warrantholders holder been the holders holder of record of the Warrant Shares receivable upon the exercise of this Warrant on the record date for the determination of those persons entitled to receive any such liquidating distribution. After any such dissolution, liquidation or winding up which shall result in any cash distribution in excess of the Exercise Warrant Price provided for by this Warrant, the Warrantholders holder of this Warrant may, at each such Warrantholder's holder’s option, exercise the same without making payment of the Exercise Warrant Price, and in such case the Company shall, upon the distribution to said Warrantholdersthe holder, consider that said Exercise Warrant Price has been paid in full to it and in making settlement to said Warrantholdersthe holder, shall deduct from the amount payable to such Warrantholders the holder of this Warrant an amount equal to such Exercise Warrant Price.

Appears in 1 contract

Samples: Warrant Agreement (Cardiac Science Inc)

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