Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 34 contracts
Samples: Warrant Agreement (Greenfield Online Inc), Warrant Agreement (Probusiness Services Inc), Loan and Security Agreement (Software Technologies Corp/)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 18 contracts
Samples: Warrant Agreement (Newgistics, Inc), Warrant Agreement (Prometheus Laboratories Inc), Warrant Agreement (Lionbridge Technologies Inc /De/)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this his Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 6 contracts
Samples: Warrant Agreement (Audible Inc), Warrant Agreement (Advanced Polymer Systems Inc /De/), Security and Loan Agreement (Photomatrix Inc/ Ca)
Nonassumption. If upon the closing of any Acquisition the ------------- successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 6 contracts
Samples: Credit Terms and Conditions (Anchor Pacific Underwriters Inc), Warrant Agreement (Releasenow Com Corp), Warrant Agreement (Consilium Inc)
Nonassumption. If upon the closing of any Acquisition the ------------- successor entity does not assume the obligations of this his Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 3 contracts
Samples: Warrant Agreement (Cardima Inc), Warrant Agreement (Cardima Inc), Warrant Agreement (Cardima Inc)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then Holder and the unexercised portion of Company shall deem this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 3 contracts
Samples: Warrant Agreement (Genoptix Inc), Warrant Agreement (Genoptix Inc), Warrant Agreement (Genoptix Inc)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 3 contracts
Samples: Warrant Agreement (Everyday Health, Inc.), Warrant Agreement (Homeaway Inc), Warrant Agreement (Everyday Health, Inc.)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this his Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.1.2
Appears in 2 contracts
Samples: Warrant Agreement (Inland Casino Corp), Warrant Agreement (Inland Casino Corp)
Nonassumption. If upon the closing of any Acquisition of the successor entity does not assume the obligations of this Warrant and the Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter the Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 2 contracts
Samples: Warrant Agreement (Superconductor Technologies Inc), Warrant Agreement (Superconductor Technologies Inc)
Nonassumption. If upon the closing of any Acquisition the successor entity does is not required to assume the obligations of this Warrant and Holder the holder hereof has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 10.2 below and thereafter Holder the holder hereof shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 2 contracts
Samples: Warrant Agreement (Everyday Health, Inc.), Warrant Agreement (Everyday Health, Inc.)
Nonassumption. If Notwithstanding Section 1.6.2, if upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 2 contracts
Samples: Warrant Agreement (Wavesplitter Technologies Inc), Warrant Agreement (Wavesplitter Technologies Inc)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in fullhis Warrant, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 2 contracts
Samples: Warrant Agreement (Iomed Inc), Warrant Agreement (Iomed Inc)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company1.
Appears in 2 contracts
Samples: Warrant to Purchase Stock (Art Technology Group Inc), Warrant to Purchase Stock (Art Technology Group Inc)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.. Warrant to Purchase Stock ---------------------------------------------------------------------
Appears in 1 contract
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.. XXXXXXX TO PURCHASE STOCK ----------------------------------------------------------------------
Appears in 1 contract
Samples: Loan and Security Agreement (Copper Mountain Networks Inc)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this his Warrant and Holder has not otherwise exercised this his Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Samples: Warrant Agreement (Wireless Inc)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and the Registered Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 1(b) and thereafter the Registered Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Mti Technology Corp)
Nonassumption. If upon the closing of any Acquisition the ------------- successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 as of the closing date of the Acquisition and thereafter Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant Wan-ant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Samples: Warrant Agreement (Viewlocity Inc)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 1.2, and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Samples: Warrant Agreement (Cortech Inc)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder WARRANT AND HOLDER has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall automatically be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this his Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted exercised pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and the Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant Warranty shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter the Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 immediately prior to the record date or closing, as applicable, and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities common stock of the Company.
Appears in 1 contract
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 1.3 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the this Company.
Appears in 1 contract
Nonassumption. If upon the closing of any Acquisition acquisition the successor entity does not assume the obligations of this his Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Nonassumption. If upon the closing of any Acquisition the successor entity does does, not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted exercised pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Samples: Warrant Agreement (IPC the Hospitalist Company, Inc.)
Nonassumption. If upon the closing of any Acquisition the ------------- successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition on Acquisition oil the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Samples: Warrant Agreement (Fogdog Inc)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant Wan-ant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Nonassumption. If upon the closing of any Acquisition the ------------- successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition Acquisition on the same terms as other holders of the same class of securities of the Company.
Appears in 1 contract
Samples: Warrant to Purchase Stock (Cardiodynamics International Corp)
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this Warrant and Holder has not otherwise exercised this Warrant in full, then the unexercised portion of this Warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in the acquisition Acquisition on the same terms ten-ns as other holders of the same class of securities of the Company.
Appears in 1 contract
Samples: Warrant to Purchase Stock (Fusion Medical Technologies Inc)
