Common use of Nonassumption Clause in Contracts

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: Warrant Agreement (Otonomy, Inc.), Warrant Agreement (Evoke Pharma Inc), Warrant Agreement (Marinus Pharmaceuticals Inc)

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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: Warrant Agreement (Obalon Therapeutics Inc), Warrant Agreement (Obalon Therapeutics Inc), Warrant Agreement (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: Warrant Agreement (Rackspace Hosting, Inc.), Warrant Agreement (Rackspace Hosting, Inc.), Warrant 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: Warrant Agreement (Guardant Health, Inc.), Warrant Agreement (Guardant Health, Inc.), Warrant Agreement (Guardant Health, 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: Warrant Agreement (Sadhana Equity Investment, Inc.), Warrant Agreement (Anasazi Capital Corp), Warrant 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: Warrant Agreement (Viveve Medical, Inc.), Warrant to Purchase Stock (Viveve Medical, Inc.), Warrant Agreement (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 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: Warrant Agreement (SendGrid, Inc.), Warrant Agreement (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 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: Warrant Agreement (Nuvasive Inc), Warrant Agreement (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 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 (Tobira Therapeutics, Inc.), Warrant Agreement (Tobira Therapeutics, 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: Warrant Agreement (Synbiotics Corp), Warrant Agreement (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 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: Warrant Agreement (Five9, Inc.)

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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: Warrant Agreement (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 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: 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 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: Warrant Agreement (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 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: Warrant Agreement (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 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 (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: Warrant Agreement (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 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: Warrant Agreement (Opentable Inc)

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