Common use of Exercise Upon Acquisition Clause in Contracts

Exercise Upon Acquisition. Upon the closing of any Acquisition in which the consideration to be received by the Company’s stockholders consists of cash, marketable securities, or a combination of both cash and marketable securities, this warrant shall be deemed to have been automatically converted pursuant to Section 1.2 immediately prior to such Acquisition, and thereafter Holder shall participate in the Acquisition on the same terms as other holders of the same class of securities of the Company, provided, however, that if the fair market value of the Shares, as determined pursuant to Section 1.3, in connection with such Acquisition is less than the aggregate Warrant Price, then this warrant shall terminate without exercise or conversion immediately prior, and subject, to the closing of such Acquisition.

Exercise Upon Acquisition. Upon the closing of any Acquisition in which the consideration to be received by the Company’s stockholders consists of cash, marketable securities, or a combination of both cash and marketable securities, this warrant shall be deemed to have been automatically converted pursuant to Section 1.2 immediately prior to such Acquisition1.2, and thereafter Holder shall participate in the Acquisition on the same terms as other holders of the same class of securities of the Company, provided, however, that if the fair market value of the Shares, as determined pursuant to Section 1.3, in connection with such Acquisition is less than the aggregate Warrant Price, then this warrant shall terminate without exercise or conversion immediately prior, and subject, prior to the closing of such Acquisition.

Exercise Upon Acquisition. Upon the closing of any Acquisition in which the consideration to be received by the Company’s stockholders consists of cash, marketable securities, or a combination of both cash and marketable securities, this warrant shall be deemed to have been automatically converted pursuant to Section 1.2 immediately prior to such Acquisition1.2, and thereafter Holder shall participate in the Acquisition on the same terms as other holders of the same class of securities of the Company, ; provided, however, that if the fair market value of the Shares, as determined pursuant consideration to Section 1.3, be paid in connection with such the Acquisition for each share of stock for which this warrant is then exercisable is equal to or less than the aggregate Warrant Price, then this warrant shall terminate without exercise or conversion immediately prior, be automatically cancelled and subject, to terminated upon the closing of such Acquisition.

Exercise Upon Acquisition. Upon the closing of any Acquisition in which the consideration to be received by the Company’s stockholders consists of cash, marketable securities, or a combination of both cash and marketable securities, this warrant Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 immediately prior to such Acquisition1.2, and thereafter Holder shall participate in the Acquisition on the same terms as other holders of the same class of securities of the Company, ; provided, however, that if the fair market value of the Shares, as determined pursuant to Section 1.3, in connection with such Acquisition is less than the aggregate Warrant Price, then this warrant Warrant shall terminate without exercise or conversion immediately prior, and subject, to the closing of such Acquisition.