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 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 28 contracts
Samples: Registration Rights Agreement (Tci Solutions Inc), Otonomy, Inc., Evoke Pharma 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 shall have the option either to (a) deem 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; or (b) require the Company to purchase this warrant for cash upon the closing of the Acquisition for an amount per Share equal to three (3) times the Warrant Price.
Appears in 20 contracts
Samples: Sagimet Biosciences Inc., Sagimet Biosciences Inc., Sagimet Biosciences 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 shall have the option either to (a) deem 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; or (b) require the Company to purchase this warrant for cash upon the closing of the Acquisition for an amount per Share equal to the Warrant Price.
Appears in 8 contracts
Samples: Enumeral Biomedical Holdings, Inc., Enumeral Biomedical Holdings, Inc., Inogen 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 shall have the option either to (a) deem 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; or (b) require the Company to purchase this warrant for cash upon the closing of the Acquisition for an amount per Share equal to two (2) times the Warrant Price.
Appears in 7 contracts
Samples: www.sec.gov, Applied Genetic Technologies Corp, Applied Genetic 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 Holder 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 on the same terms as other holders of the same class of securities of the Company.
Appears in 5 contracts
Samples: Obalon Therapeutics Inc, Obalon Therapeutics Inc, Obalon Therapeutics 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 shall have the option to deem 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 4 contracts
Samples: Anti Dilution Agreement (Rackspace Hosting, Inc.), Anti Dilution Agreement (Rackspace Hosting, Inc.), Anti Dilution Agreement (Rackspace Hosting, Inc.)
Nonassumption. If upon Upon the closing (at any time on or before the Expiration Date) of any Acquisition in which the successor entity does not assume the obligations of this warrant and Holder has not otherwise exercised this warrant in full, then 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 4 contracts
Samples: Guardant Health, Inc., Guardant Health, Inc., Guardant Health, 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 shall have the option either to (a) deem 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; or (b) require the Company to purchase this warrant for cash upon the closing of the Acquisition for an amount per Share equal to one (1) times the Warrant Price.
Appears in 4 contracts
Samples: Aldagen Inc, Aldagen Inc, TorreyPines Therapeutics, Inc.
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this warrant warrant, and Holder has not otherwise exercised this warrant in full, then Holder shall have the right to deem 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: Anti Dilution Agreement (Sadhana Equity Investment, Inc.), Anti Dilution Agreement (Anasazi Capital Corp), Dilution Agreement (Practicexpert 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 this warrant shall be deemed to have been automatically converted convert 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: Viveve Medical, Inc., Viveve Medical, Inc., Viveve Medical, 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 this warrant shall be deemed to have been automatically converted pursuant to Section 1.2 immediately prior to the closing of the Acquisition 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: Nuvasive Inc, Nuvasive Inc
Nonassumption. If upon the closing of any Acquisition the successor entity does not assume the obligations of this warrant (or if the form of the Acquisition is a reverse triangular merger) and Holder has not otherwise exercised this warrant in full, then 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: Synbiotics Corp, Synbiotics 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 this warrant 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: Tobira Therapeutics, Inc., Tobira Therapeutics, 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 this warrant Holder shall be deemed to have been automatically converted in whole 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: SendGrid, Inc., SendGrid, 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 warrant, in full, then 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: Five9, 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 this warrant Holder 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: Exten Industries 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 shall have the option either to (a) deem 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; or (b) require the Company to purchase this warrant for cash upon the closing of the Acquisition for $25,000.
Appears in 1 contract
Samples: Citadel Security Software 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 12 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: Registration Rights 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 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: Akesis Pharmaceuticals, 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 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 o f securities of the Company.
Appears in 1 contract
Samples: Rightnow 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 this warrant shall be deemed to have been automatically converted pursuant to Section 1.2 and thereafter immediately prior to the closing of the Acquisition and therafter 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: Nuvasive 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 this warrant shall be deemed to have been automatically converted pursuant to Section 1.2 1.2, effective simultaneously with such closing, 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: Traffic.com, 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 Warrant in full, then Holder shall have the option to deem this warrant shall be deemed Warrant 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: Opentable Inc