Mergers. The Company shall not consolidate or merge into, or transfer any or all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this Debenture and immediately after such transaction no Event of Default exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall make notice to the Holder simultaneously with the dissemination of a Merger to the public markets.
Appears in 34 contracts
Samples: Debenture Agreement, Debenture Agreement (Genesis Bioventures Inc), Debenture Agreement (Challenger Powerboats, Inc.)
Mergers. The Company shall not consolidate or merge into, or transfer any all or substantially all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this Debenture and immediately after such transaction no Event of Default exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall make notice to the Holder simultaneously with the dissemination of a Merger to the public marketsassumption.
Appears in 19 contracts
Samples: Debenture Agreement (Hyperdynamics Corp), Debenture Agreement (Hyperdynamics Corp), Debenture Agreement (Swissray International Inc)
Mergers. The Company shall not consolidate or merge into, or transfer any or all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this Debenture Preferred and immediately after such transaction no Event of Default exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall make notice to the Holder simultaneously with the dissemination of a Merger to the public markets.
Appears in 5 contracts
Samples: Convertible Redeemable Preferred Agreement (Challenger Powerboats, Inc.), Convertible Redeemable Preferred Stock Agreement (Challenger Powerboats, Inc.), Convertible Redeemable Preferred Agreement (Challenger Powerboats, Inc.)
Mergers. The Company shall not consolidate or merge into, or transfer any or all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this Debenture and immediately after such transaction no Event of Default exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall make notice to the Holder simultaneously with the dissemination of a Merger to the public markets.. Article 5
Appears in 4 contracts
Samples: Debenture Agreement (Challenger Powerboats, Inc.), Debenture Agreement (Challenger Powerboats, Inc.), Debenture Agreement (Challenger Powerboats, Inc.)
Mergers. The Company shall not consolidate or merge into, or transfer any all or substantially all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this his Debenture and immediately after such transaction no Event of Default exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall make notice to the Holder simultaneously with the dissemination of a Merger to the public marketsassumption.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Solar Energy LTD), Stock Purchase Agreement (Solar Energy LTD), Debenture (Ameriresource Technologies Inc)
Mergers. The Company shall not consolidate or merge into, or transfer any or all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this Debenture and immediately after such transaction no Event of Default exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall make notice to the Holder simultaneously with the dissemination of a Merger to the public marketsassumption.
Appears in 2 contracts
Samples: Debenture Agreement (Walker Financial Corp), Debenture Agreement (Walker Financial Corp)
Mergers. The Company shall not consolidate or merge into, or transfer any or all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this Debenture and immediately after such transaction no Event of Default exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The In the event of a merger, or other consolidation, the Company shall make give notice to the Holder simultaneously with the dissemination of a Merger announcement to the public markets.
Appears in 2 contracts
Samples: Debenture Agreement (Enigma Software Group, Inc), Debenture Agreement (Locateplus Holdings Corp)
Mergers. The Company shall not consolidate or merge into, or transfer any all or substantially all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this Debenture and immediately after such transaction no Event of Default existsNote. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall make notice to the Holder simultaneously with the dissemination of a Merger to the public marketsassumption.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mdi, Inc.), Option Agreement (Mdi, Inc.)
Mergers. The Company shall not consolidate or merge into, or transfer any or all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this Debenture and immediately after such transaction no Event of Default exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall make notice to the Holder simultaneously with the dissemination of a Merger to the public markets.
Appears in 2 contracts
Samples: Debenture Agreement (Xtreme Companies Inc), Debenture Agreement (Xtreme Companies Inc)
Mergers. The Company shall not consolidate or merge into, or transfer any all or substantially all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this the Debenture and immediately after such transaction no Event of Default exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall make notice to the Holder simultaneously with the dissemination of a Merger to the public marketsassumption.
Appears in 2 contracts
Samples: Convertible Debenture Exchange Agreement (Newave Inc), Convertible Debenture Exchange Agreement (Newave Inc)
Mergers. The Company shall not consolidate or merge into, or transfer any all or substantially all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this Debenture and immediately after such transaction no Event of Default (as defined below) exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall make notice to the Holder simultaneously with the dissemination of a Merger to the public marketsassumption.
Appears in 1 contract
Samples: Offshore Convertible Securities Subscription Agreement (Bio Plexus Inc)
Mergers. The Company shall not consolidate or merge into, or transfer any all or substantially all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this Debenture and immediately after such transaction no Event of Default exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall make notice to the Holder simultaneously with the dissemination of a Merger to the public marketsassumption.
Appears in 1 contract
Samples: Convertible Debenture Agreement (Electrosource Inc)
Mergers. The Company shall not consolidate or merge into, or transfer any or all of its assets to, any person, unless such person assumes in writing the obligations of the Company under this Debenture and immediately after such transaction no Event of Default exists. Any reference herein to the Company shall refer to such surviving or transferee corporation and the obligations of the Company shall terminate only upon such written assumption of the Company's obligation. The Company shall send make notice to the Holder simultaneously with the dissemination announcement of a Merger to the public markets.
Appears in 1 contract
