Major Transaction. In the event that a Major Transaction (as defined below) occurs, then the Holder, at its option, may require the Company to redeem the Holder’s outstanding Warrants in accordance with Section 5(c)(iii) below. In the event the Holder shall not have exercised any of its rights under the immediately preceding sentence above within the applicable time periods set forth herein, then the Major Transaction shall be treated as an Assumption (as defined below) in accordance with Section 5(c)(ii) below unless the Holder waives its rights under this Section 5(c) with respect to such Major Transaction. Each of the following events shall constitute a “Major Transaction”:
Appears in 4 contracts
Samples: Certain Registration Rights Agreement (Tengion Inc), Certain Registration Rights Agreement (Tengion Inc), Securities Purchase Agreement (Tengion Inc)
Major Transaction. In the event that a Major Transaction (as defined below) occurs, then the Holder, at its option, may require the Company to redeem the Holder’s outstanding Warrants in accordance with Section 5(c)(iii) below. In the event the Holder shall not have exercised any of its rights under the immediately preceding sentence above within the applicable time periods set forth hereinOtherwise, then the a Major Transaction shall be treated as an Assumption (as defined below) in accordance with Section 5(c)(ii) below unless the Holder waives its rights under this Section 5(c) with respect to such that Major Transaction. Each of the following events shall constitute a “Major Transaction”:
Appears in 3 contracts
Samples: MiddleBrook Pharmaceuticals, Inc., Third Wave Technologies Inc /Wi, Third Wave Technologies Inc /Wi
Major Transaction. In the event that a Major Transaction (as defined below) occurs, then the Holder, at its option, may require the Company to redeem all or any portion of the Holder’s outstanding Warrants in accordance with Section 5(c)(iii) below. In the event the Holder shall not have exercised any of its rights under the immediately preceding sentence above within the applicable time periods set forth herein, then the Major Transaction shall be treated as an Assumption (as defined below) in accordance with Section 5(c)(ii) below unless below. Notwithstanding anything herein to the contrary, the Holder waives its rights under may waive the above provisions of this Section 5(c) with respect to such any Major Transaction and, without limitation, may elect to Exercise this Warrant prior to any Major Transaction. Each of the following events shall constitute a “Major Transaction”:
Appears in 2 contracts
