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 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 and one half (1 1/2) times the Warrant Price.
Appears in 2 contracts
Samples: Anti Dilution Agreement (Homeaway Inc), Homeaway 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 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 and one half (1 1/21½) times the Warrant Price.
Appears in 1 contract
Samples: Nexsan Corp
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 Holder shall have the option either to (a) deem this 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; 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 and one half fifty percent (1 1/250%) times of the Warrant Price.
Appears in 1 contract
Samples: Newgistics, 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 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 and one half (1 1/2) times the Warrant Price$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 Holder shall have the option either to (a) deem this 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; 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 and one half two (1 1/22) times the Warrant Price.
Appears in 1 contract
Samples: Visicu Inc
Nonassumption. If upon 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 referred to in fullSection 1.6.2, then Holder shall have the option either to (a) deem cause the successor entity to assume the obligations of this warrant, and this warrant to shall thereafter be exercisable for the same securities and/or other property as would have been automatically converted pursuant to Section 1.2 and thereafter Holder shall participate in paid for the Acquisition on the same terms as other holders Shares issuable upon exercise of the same class unexercised portion of securities this warrant as if such Shares were outstanding on and as of the Companyclosing of such Acquisition, subject to further adjustment from time to time in accordance with the provisions of this warrant; 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 and one half (1 1/2) times the Warrant Price.
Appears in 1 contract
Samples: Heat Biologics, 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 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 b)require the Company to purchase this warrant for cash upon the closing of the Acquisition for an amount per Share equal to one and one half fifty percent (1 1/250%) times of the Warrant warrant Price.
Appears in 1 contract
Samples: Newgistics, Inc