Common use of Mergers, Consolidations, Etc Clause in Contracts

Mergers, Consolidations, Etc. A. Except as may otherwise be provided, if the Company shall merge or consolidate with another corporation, the Holder shall thereafter have the right, upon exercise of the rights specified in this Warrant Agreement and payment of the Exercise Price, to receive solely the kind and amount of shares of stock (including, if applicable, Common Stock), other securities, property or cash or any combination thereof receivable by a holder of the number of shares of Common Stock for which this Warrant Agreement might have been exercised immediately prior to such merger or consolidation (assuming, if applicable, that the holder of such Common Stock failed to exercise its rights of election, if any, as to the kind or amount of shares of stock, other securities, property or cash or combination thereof receivable upon such merger or consolidation).

Appears in 4 contracts

Samples: Warrant Agreement (A.C.T. Holdings, Inc.), Warrant Agreement (C T Holdings Inc), Warrant Agreement (C T Holdings Inc)

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Mergers, Consolidations, Etc. A. Except as may otherwise be providedprovided in Section 2A(5), if the Company shall merge or consolidate with another corporation, the Holder holder of this Warrant Certificate shall thereafter have the right, upon exercise of the rights specified in this Warrant Agreement hereof and payment of the Exercise Price, to receive solely the kind and amount of shares of stock (including, if applicable, Common Stock), other securities, property or cash or any combination thereof receivable by a holder of the number of shares of Common Stock for which this Warrant Agreement Certificate might have been exercised immediately prior to such merger or consolidation (assuming, if applicable, that the holder of such Common Stock failed to exercise its rights of election, if any, as to the kind or amount of shares of stock, other securities, property or cash or combination thereof receivable upon such merger or consolidation).

Appears in 3 contracts

Samples: Asset Purchase and Sale Agreement (2u Online Com Inc), Warrant Agreement (Asdar Group Inc), Warrant Agreement (Asdar Group Inc)

Mergers, Consolidations, Etc. A. Except as may otherwise be providedprovided in Section 2A(5), if the Company shall merge or consolidate with another corporation, the Holder holder of this Warrant shall thereafter have the right, upon exercise of the rights specified in this Warrant Agreement hereof and payment of the Exercise Price, to receive solely the kind and amount of shares of stock (including, if applicable, Common Stock), other securities, property or cash or any combination thereof receivable by a holder of the number of shares of Common Stock for which this Warrant Agreement might have been exercised immediately prior to such merger or consolidation (assuming, if applicable, that the holder of such Common Stock failed to exercise its rights of election, if any, as to the kind or amount of shares of stock, other securities, property or cash or combination thereof receivable upon such merger or consolidation).

Appears in 3 contracts

Samples: Management Agreement (Riviera Holdings Corp), Warrant Purchase Agreement (Cove Hill Consulting Inc), Warrant Purchase Agreement (Cove Hill Consulting Inc)

Mergers, Consolidations, Etc. A. Except as may otherwise be providedprovided in Section 2A(5), if the Company shall merge or consolidate with another corporation, the Holder shall thereafter have the right, upon exercise of the rights specified in this Warrant Agreement and payment of the Exercise Price, to receive solely the kind and amount of shares of stock (including, if applicable, Common Stock), other securities, property or cash or any combination thereof receivable by a holder of the number of shares of Common Stock for which this Warrant Agreement might have been exercised immediately prior to such merger or consolidation (assuming, if applicable, that the holder of such Common Stock failed to exercise its rights of election, if any, as to the kind or amount of shares of stock, other securities, property or cash or combination thereof receivable upon such merger or consolidation).

Appears in 2 contracts

Samples: Warrant Agreement (Miv Therapeutics Inc), Warrant Agreement (Miv Therapeutics Inc)

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Mergers, Consolidations, Etc. A. Except as may otherwise be provided, if the Company shall merge or consolidate with another corporation, the Holder shall thereafter have the right, upon exercise of the rights specified in this Warrant Agreement and payment of the Exercise Price, to receive solely the kind and amount of shares of stock (including, if applicable, Common Stock), other securities, property or cash or any combination thereof receivable by a holder of the number of shares of Common Stock for which this Warrant Agreement might have been exercised immediately prior 6 to such merger or consolidation (assuming, if applicable, that the holder of such Common Stock failed to exercise its rights of election, if any, as to the kind or amount of shares of stock, other securities, property or cash or combination thereof receivable upon such merger or consolidation).,

Appears in 1 contract

Samples: Warrant Agreement (A.C.T. Holdings, Inc.)

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