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: Antidilution Agreement (Probusiness Services Inc), Loan Agreement (Natural Gas Vehicle Systems Inc), Registration Rights Agreement (Greenfield Online 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 17 contracts
Samples: Newgistics, Inc, Prometheus Laboratories Inc, Loan and Security Agreement (Com21 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 6 contracts
Samples: Security and Loan Agreement (Photomatrix Inc/ Ca), Registration Rights Agreement (Probusiness Services Inc), Registration Rights Agreement (Advanced Polymer Systems Inc /De/)
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: Antidilution Agreement (Consilium Inc), Antidilution Agreement (Anchor Pacific Underwriters Inc), Releasenow Com 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 3 contracts
Samples: Everyday Health, Inc., Homeaway Inc, 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.
Appears in 3 contracts
Samples: Cardima Inc, Cardima Inc, 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: Genoptix Inc, Genoptix Inc, Genoptix 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: Wavesplitter Technologies Inc, Wavesplitter Technologies 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: Inland Casino Corp, Inland Casino 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 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
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: Everyday Health, Inc., Everyday Health, Inc.
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: Superconductor Technologies Inc, Superconductor 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 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. 3 1.8.4.
Appears in 1 contract
Samples: Selectica 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 ten-ns as other holders of the same class of securities of the Company.
Appears in 1 contract
Samples: Antidilution Agreement (Fusion Medical 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 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
Samples: Advanced Power Technology 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 1.3 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
Samples: 3dfx Interactive 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: Wireless 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
Samples: Imperial Bank Antidilution Agreement (Imaging Technologies Corp/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 on the same terms as other holders of the same class of securities of the this Company.
Appears in 1 contract
Samples: Wavesplitter Technologies Inc
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 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: Antidilution 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: 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 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
Samples: Digital Sound Corp
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: 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 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: Cardiodynamics International Corp
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
Samples: Hypermedia Communications 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 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
Samples: Celator Pharmaceuticals Inc
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
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
Samples: Overland Data 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: Cortech 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.. 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 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
Samples: Chorum 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 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
Samples: Copper Mountain Networks Inc
