Common use of Mergers or Consolidations Clause in Contracts

Mergers or Consolidations. If at any time there shall be a merger or consolidation of the Company with or into another corporation, provision shall be made so that the Warrant Holder shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified in this Warrant and upon payment of the Exercise Price, the number of Equity Securities or other securities or property of the Company or the successor corporation resulting from such merger or consolidation to which a holder of the Warrant Shares deliverable upon exercise of this Warrant would have been entitled under the provisions of the agreement in such merger or consolidation if this Warrant had been exercised immediately before such merger or consolidation occurs. In any such case, appropriate adjustment (as determined in good faith by the Board) shall be made in the application of the provisions of this Warrant with respect to the rights and interests of the Warrant Holder after the merger or consolidation to the end that the provisions of this Warrant (including adjustment of the Exercise Price then in effect and the Warrant Number) shall be applicable after that event, as near as reasonably may be, in relation to any shares or other property deliverable after that event upon exercise of this Warrant.

Appears in 2 contracts

Samples: www.capstonethx.com, Capstone Therapeutics Corp.

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Mergers or Consolidations. If at any time after the date hereof there shall be a capital reorganization (other than a combination or subdivision of Warrant Stock otherwise provided for herein) (a “Reorganization”), or a merger or consolidation of the Company with another corporation (other than a merger with another corporation in which the Company is a continuing corporation and which does not result in any reclassification or into another corporationchange of outstanding securities issuable upon exercise of this Warrant or a merger effected exclusively for the purpose of changing the domicile of the Company) (a “Merger”), then, as a part of such Reorganization or Merger, lawful provision shall be made so that the Warrant Holder Purchaser shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified in this Warrant and upon payment of the Exercise Warrant Price, the number of Equity Securities shares of stock or other securities securities, cash or property of the Company or the successor corporation resulting from such merger Reorganization or consolidation Merger, to which a holder of the Warrant Shares Common Stock deliverable upon exercise of this Warrant would have been entitled under the provisions of the agreement in such merger Reorganization or consolidation Merger if this Warrant had been exercised immediately before such merger that Reorganization or consolidation occursMerger. In At the effective time of any such caseReorganization or Merger, appropriate adjustment (as determined in good faith by the Board) shall be made in the application of the provisions of this Warrant with respect to the rights and interests of the Warrant Holder after the merger or consolidation to the end that the provisions of this Warrant (including adjustment of the Exercise Price then in effect and the Warrant Number) shall be applicable after that event, as near as reasonably may be, in relation right to any shares or other property deliverable after that event purchase securities upon exercise of this Warranthereof) will terminate.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Targeted Genetics Corp /Wa/), Targeted Genetics Corp /Wa/

Mergers or Consolidations. If at any time there shall be a merger or consolidation of the Company with or into another corporation, other than a Corporate Liquidity Transaction, provision shall be made so that the Warrant Holder shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified in this Warrant and upon payment of the Exercise Price, the number of Equity Securities or other securities or property of the Company or the successor corporation resulting from such merger or consolidation to which a holder of the Warrant Shares deliverable upon exercise of this Warrant would have been entitled under the provisions of the agreement in such merger or consolidation if this Warrant had been exercised immediately before such merger or consolidation occurs. In any such case, appropriate adjustment (as determined in good faith by the Board) shall be made in the application of the provisions of this Warrant with respect to the rights and interests of the Warrant Holder after the merger or consolidation to the end that the provisions of this Warrant (including adjustment of the Exercise Price then in effect and the Warrant Number) shall be applicable after that event, as near as reasonably may be, in relation to any shares or other property deliverable after that event upon exercise of this Warrant.

Appears in 1 contract

Samples: Capstone Therapeutics Corp.

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Mergers or Consolidations. If at any time there shall be a capital reorganization (other than a combination or subdivision of Warrant Stock otherwise provided for herein), or a merger or consolidation of the Company with another corporation other than an Acquisition (as defined in Section 5), then, as a part of such reorganization, merger or into another corporationconsolidation, lawful provision shall be made so that the Warrant Registered Holder shall thereafter be entitled to receive upon exercise of this Warrant, during the period specified in this Warrant and upon payment of the Exercise PricePurchase Price (or pursuant to Section 1(c)), the number of Equity Securities shares of stock or other securities or property of the Company or the successor corporation resulting from such reorganization, merger or consolidation consolidation, to which a holder of the Warrant Shares Common Stock or Preferred Stock (as applicable) deliverable upon exercise of this Warrant would have been entitled under the provisions of the agreement in such reorganization, merger or consolidation if this Warrant had been exercised immediately before such that reorganization, merger or consolidation occursconsolidation. In any such case, appropriate adjustment (as determined in good faith by the BoardCompany's Board of Directors) shall be made in the application of the provisions of this Warrant with respect to the rights and interests of the Warrant Registered Holder after the reorganization, merger or consolidation to the end that the provisions of this Warrant (including adjustment of the Exercise Purchase Price then in effect and the number of shares of Warrant NumberStock) shall be applicable after that event, as near as reasonably may be, in relation to any shares or other property deliverable after that event upon exercise of this Warrant.

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (Metawave Communications Corp)

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