Common use of Liquidation, Merger, etc.; Notice to Warrantholders Clause in Contracts

Liquidation, Merger, etc.; Notice to Warrantholders. If: (a) the Company shall authorize the issuance to all holders of Common Stock of rights or warrants to subscribe for or purchase capital stock of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the distribution to all holders of Common Stock of evidences of its indebtedness or assets (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common Stock); or (c) there shall be proposed any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Stock is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entirety, or such other merger or transaction described in Section 3.06 hereof; or (d) there shall be proposed the voluntary or involuntary dissolution, liquidation or winding up of the Company; the Company shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, a written notice stating (i) the date as of which the holders of record of shares of Common Stock to be entitled to receive any such rights, warrants or distribution are to be determined or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Stock shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to (i) above at least ten calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above at least 20 calendar days before the earlier of the dates specified. Notwithstanding the foregoing, a press release or filing by the Company with the Securities and Exchange Commission containing the information required by this Section 4.03 shall be deemed to constitute notice to the Warrantholders required by this Section 4.03.

Liquidation, Merger, etc.; Notice to Warrantholders. If: (a) the Company shall authorize the issuance to all holders of Common Preferred Stock of rights or warrants to subscribe for or purchase capital stock of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the distribution to all holders of Common Preferred Stock of evidences of its indebtedness or assets (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common Preferred Stock); or (c) there shall be proposed any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Preferred Stock is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entirety, or such other merger or transaction described in Section 3.06 3.04 hereof; or (d) there shall be proposed the voluntary or involuntary dissolution, liquidation or winding up of the Company; the Company shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, a written notice stating (i) the date as of which the holders of record of shares of Common Preferred Stock to be entitled to receive any such rights, warrants or distribution are to be determined or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Preferred Stock shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be filed and mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to (i) above at least ten calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above at least 20 calendar days before the earlier of the dates specified. Notwithstanding From the foregoing, a press release or filing by the Company with the Securities and Exchange Commission containing the information time notice is required by this Section 4.03 shall to be deemed given pursuant to constitute notice to the Warrantholders required by this Section 4.03, the holders of Warrants shall be entitled to exercise such Warrants regardless of the provisions of Section 2.01. Unless assumed by the survivor or successor corporation resulting from any transaction described in Section 4.03(c) hereof, the Warrants shall expire and be of no further force or effect upon consummation of such transaction.

Liquidation, Merger, etc.; Notice to Warrantholders. If: (a) the Company shall authorize the issuance to all holders of Common Stock Shares of rights or warrants to subscribe for or purchase capital stock shares of beneficial interest of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the distribution to all holders of Common Stock Shares of evidences of its indebtedness or assets (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common StockShares); or (c) there shall be proposed any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Stock Shares is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entirety, or such other merger or transaction described in Section 3.06 3.04 hereof; or (d) there shall be proposed the voluntary or involuntary dissolution, liquidation or winding up of the Company; the Company shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, a written notice stating (i) the date as of which the holders of record of shares of Common Stock Shares to be entitled to receive any such rights, warrants or distribution are to be determined or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Stock Shares shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be filed and mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to (i) above at least ten calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above at least 20 calendar days before the earlier of the dates specified. Notwithstanding From the foregoing, a press release or filing by the Company with the Securities and Exchange Commission containing the information time notice is required by this Section 4.03 shall to be deemed given pursuant to constitute notice to the Warrantholders required by this Section 4.03, the holders of Warrants shall be entitled to exercise such Warrants regardless of the provisions of Section 2.01. Unless assumed by the survivor or successor entity resulting from any transaction described in Section 4.03(c) hereof, the Warrants shall expire and be of no further force or effect upon consummation of such transaction.

Liquidation, Merger, etc.; Notice to Warrantholders. If: (a) the Company shall authorize the issuance to all holders of Common Stock of rights or warrants to subscribe for or purchase capital stock of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the distribution to all holders of Common Stock of evidences of its indebtedness or assets (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common Stock); or (c) there shall be proposed any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Stock is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entirety, or such other merger or transaction described in Section 3.06 3.04 hereof; or (d) there shall be proposed the voluntary or involuntary dissolution, liquidation or winding up of the Company; , the Company shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, a written notice stating (i) the date as of which the holders of record of shares of Common Stock to be entitled to receive any such rights, warrants or distribution are to be determined determined, or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Stock shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be filed and mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to (i) above at least ten calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above at least 20 calendar days before the earlier of the dates specified. Notwithstanding From the foregoingtime notice is required to be given pursuant to this Section 4.03, a press release or filing the holders of Warrants shall be entitled to exercise such Warrants regardless of the provisions of Section 2.01. Unless assumed by the Company with survivor or successor corporation resulting from any transaction described in Section 4.03(c) hereof, the Securities Warrants shall expire and Exchange Commission containing be of no further force or effect upon consummation of such transaction. Failure to give any notice as provided for herein or any defect in such notice shall not affect the information required by this Section 4.03 shall be deemed to constitute notice to the Warrantholders required by legality or validity of any transaction set forth in this Section 4.03.

Liquidation, Merger, etc.; Notice to Warrantholders. If: (a) the Company shall authorize the issuance to all holders of Common Stock of rights or warrants to subscribe for or purchase capital stock of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the distribution to all holders of Common Stock of evidences of its indebtedness or assets (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common Stock); or (c) there shall be proposed any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Stock is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entirety, or such other merger or transaction described in Section 3.06 3.04 hereof; or (d) there shall be proposed the voluntary or involuntary dissolution, liquidation or winding up of the Company; the Company shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, a written notice stating (i) the date as of which the holders of record of shares of Common Stock to be entitled to receive any such rights, warrants or distribution are to be determined or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Stock shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be filed and mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to (i) above at least ten calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above at least 20 calendar days before the earlier of the dates specified. Notwithstanding From the foregoing, a press release or filing by the Company with the Securities and Exchange Commission containing the information time notice is required by this Section 4.03 shall to be deemed given pursuant to constitute notice to the Warrantholders required by this Section 4.03, the holders of Warrants shall be entitled to exercise such Warrants regardless of the provisions of Section 2.01. Unless assumed by the survivor or successor corporation resulting from any transaction described in Section 4.03(c) hereof, the Warrants shall expire and be of no further force or effect upon consummation of such transaction.

Liquidation, Merger, etc.; Notice to Warrantholders. If: (a) the Company shall authorize the issuance to all holders of Common Stock of rights or warrants to subscribe for or purchase capital stock of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the distribution to all holders of Common Stock of evidences of its indebtedness or assets (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common Stock); or (c) there shall be proposed any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Stock is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entirety, or such other merger or transaction described in Section 3.06 hereof; or (d) there shall be proposed the voluntary or involuntary dissolution, liquidation or winding up of the Company; the Company shall cause to be filed with the Warrant Agent and shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, a written notice stating (i) the date as of which the holders of record of shares of Common Stock to be entitled to receive any such rights, warrants or distribution are to be determined or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Stock shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be filed and mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to (i) above at least ten calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above at least 20 calendar days before the earlier of the dates specified. Notwithstanding From the foregoing, a press release or filing by the Company with the Securities and Exchange Commission containing the information time notice is required by this Section 4.03 shall to be deemed given pursuant to constitute notice to the Warrantholders required by this Section 4.03, the holders of Warrants shall be entitled to exercise such Warrants regardless of the provisions of Section 2.01.

Liquidation, Merger, etc.; Notice to Warrantholders. If: (a) the Company shall authorize the issuance to all holders of Common Stock of rights or warrants to subscribe for or purchase capital stock of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the distribution to all holders of Common Stock of evidences of its indebtedness or assets (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common Stock); or (c) there shall be proposed proposed, and the Board of Directors of the Company shall have approved, any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Stock is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entiretyentity, or such other merger or transaction described in Section 3.06 3.04 hereof; or (d) there shall be proposed proposed, and the Board of Directors of the Company shall have approved, the voluntary or involuntary dissolution, liquidation or winding up of the Company; the Company shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, Warrantholder a written notice stating (i) the date as of which the holders of record of shares of Common Stock to be entitled to receive any such rights, warrants or distribution are to be determined or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Stock shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be filed and mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to (i) above at least ten calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above at least 20 calendar days before the earlier of the dates specified. Notwithstanding From the foregoing, a press release or filing by the Company with the Securities and Exchange Commission containing the information time notice is required by this Section 4.03 shall to be deemed given pursuant to constitute notice to the Warrantholders required by this Section 4.03, the holders of Warrants shall be entitled to exercise such Warrants regardless of the provisions of Section 2.01. Unless assumed by the survivor or successor corporation resulting from any transaction described in Section 4.03(c) hereof, the Warrants shall expire and be of no further force or effect upon consummation of such transaction.

Liquidation, Merger, etc.; Notice to Warrantholders. If:: --------------------------------------------------- (a) the Company shall authorize the issuance to all holders of Common Stock Shares of rights or warrants to subscribe for or purchase capital stock of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the distribution to all holders of Common Stock Shares of evidences of its indebtedness or assets (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common StockShares); or (c) there shall be proposed any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Stock Shares is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entirety, or such other merger or transaction described in Section 3.06 hereof; or (d) there shall be proposed the voluntary or involuntary dissolution, liquidation or winding up of the Company; the Company shall cause to be filed with the Warrant Agent and shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, a written notice stating (i) the date as of which the holders of record of shares of Common Stock Shares to be entitled to receive any such rights, warrants or distribution are to be determined or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Stock Shares shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be filed and mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to (i) above above, at least ten calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above above, at least 20 calendar days before the earlier of the dates specified. Notwithstanding From the foregoing, a press release or filing by the Company with the Securities and Exchange Commission containing the information time notice is required by this Section 4.03 shall to be deemed given pursuant to constitute notice to the Warrantholders required by this Section 4.03, the holders of Warrants shall be entitled to exercise such Warrants regardless of the provisions of Section 2.01.

Liquidation, Merger, etc.; Notice to Warrantholders. If: (a) the Company shall authorize the issuance to all holders of Common Stock of rights or warrants to subscribe for or purchase capital stock of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the distribution to all holders of Common Stock of evidences of its indebtedness or assets (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common Stock); or (c) there shall be proposed any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Stock is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entirety, or such other merger or transaction described in Section 3.06 3.04 hereof; or (d) there shall be proposed the a reorganization, voluntary or involuntary dissolution, liquidation or winding up of the Company; then the Company shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, a written notice stating (i) the date as of which the holders of record of shares of Common Stock to be entitled to receive any such rights, warrants or distribution are to be determined or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Stock shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be filed and mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to (i) above at least ten calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above at least 20 calendar days before the earlier of the dates specified. Notwithstanding From the foregoing, a press release or filing by the Company with the Securities and Exchange Commission containing the information time notice is required by this Section 4.03 shall to be deemed given pursuant to constitute notice to the Warrantholders required by this Section 4.03, the holders of Warrants shall be entitled to exercise such Warrants regardless of the provisions of Section 2.01.

Liquidation, Merger, etc.; Notice to Warrantholders. If: (a) the Company shall authorize the issuance to all holders of Common Preferred Stock of rights or warrants to subscribe for or purchase capital stock of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the distribution to all holders of Common Preferred Stock of evidences of its indebtedness or assets (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common Preferred Stock); or (c) there shall be proposed any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Preferred Stock is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entirety, or such other merger or transaction described in Section 3.06 3.04 hereof; or (d) there shall be proposed the voluntary or involuntary dissolution, liquidation or winding up of the Company; , the Company shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, a written notice stating (i) the date as of which the holders of record of shares of Common Preferred Stock to be entitled to receive any such rights, warrants or distribution are to be determined determined, or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Preferred Stock shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be filed and mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to (i) above at least ten calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above at least 20 calendar days before the earlier of the dates specified. Notwithstanding From the foregoingtime notice is required to be given pursuant to this Section 4.03, a press release or filing the holders of Warrants shall be entitled to exercise such Warrants regardless of the provisions of Section 2.01. Unless assumed by the Company with survivor or successor corporation resulting from any transaction described in Section 4.03(c) hereof, the Securities Warrants shall expire and Exchange Commission containing be of no further force or effect upon consummation of such transaction. Failure to give any notice as provided for herein or any defect in such notice shall not affect the information required by this Section 4.03 shall be deemed to constitute notice to the Warrantholders required by legality or validity of any transaction set forth in this Section 4.03.

Liquidation, Merger, etc.; Notice to Warrantholders. If: (a) the Company shall authorize the issuance to all holders of Common Stock of rights or warrants to subscribe for or purchase capital stock of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the distribution to all holders of Common Stock of evidences of its indebtedness or assets (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common Stock); or (c) there shall be proposed any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Stock is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entirety, or such other merger or transaction described in Section 3.06 3.04 hereof; or (d) there shall be proposed the a reorganization, reclassification, voluntary or involuntary dissolution, liquidation or winding up of the Company; then the Company shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, a written notice stating (i) the date as of which the holders of record of shares of Common Stock to be entitled to receive any such rights, warrants or distribution are to be determined or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Stock shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be filed and mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to (i) above at least ten calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above at least 20 calendar days before the earlier of the dates specified. Notwithstanding From the foregoing, a press release or filing by the Company with the Securities and Exchange Commission containing the information time notice is required by this Section 4.03 shall to be deemed given pursuant to constitute notice to the Warrantholders required by this Section 4.03, the holders of Warrants shall be entitled to exercise such Warrants regardless of the provisions of Section 2.01.

Liquidation, Merger, etc.; Notice to Warrantholders. If: (a) the Company shall authorize the issuance to all holders of Common Stock Shares of rights or warrants to subscribe for or purchase capital stock of the Company or of any other subscription rights or warrants; or (b) the Company shall authorize the any dividend or distribution to all holders of Common Stock of evidences of its indebtedness or assets Shares (other than cash dividends or cash distributions payable out of current earnings, retained earnings or earned surplus or dividends payable in Common Stock)Shares) directly or indirectly attributable to proceeds from the sale or other disposition of a significant business or asset of the Company; or (c) there shall be proposed any consolidation or merger to which the Company is to be a party and for which approval of the holders of Common Stock Shares is required, or the conveyance or transfer of the properties and assets of the Company substantially as an entirety, or such other merger or transaction described in Section 3.06 3.04 hereof; or (d) there shall be proposed the voluntary or involuntary dissolution, liquidation or winding up of the Company; the Company shall cause to be given to each Warrantholder, by first-class mail, postage prepaid, a written notice stating (i) the date as of which the holders of record of shares of Common Stock Shares to be entitled to receive any such rights, warrants or distribution are to be determined or (ii) the date on which any consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up is expected to become effective, and the date as of which it is expected that holders of record of shares of Common Stock Shares shall be entitled to exchange the shares for securities or other property, if any, deliverable upon the consolidation, merger, conveyance, transfer, reorganization, reclassification, dissolution, liquidation or winding up. Such notice shall be mailed at the same time as any notice of such transaction shall be given to holders of Common Stock in the case of a notice pursuant to clause (i) above at least ten (10) calendar days before the record date specified and in the case of a notice pursuant to clause (ii) above at least 20 twenty (20) calendar days before the earlier of the dates specified. Notwithstanding the foregoing, a press release or filing Unless assumed by the Company with survivor or successor corporation resulting from any transaction described in Section 4.03(c) hereof, the Securities Warrants shall expire and Exchange Commission containing the information required by this Section 4.03 shall be deemed to constitute notice to the Warrantholders required by this Section 4.03of no further force or effect upon consummation of such transaction.