Common use of Preservation of Purchase Rights on Reclassification, Consolidation, Etc Clause in Contracts

Preservation of Purchase Rights on Reclassification, Consolidation, Etc. In case of any consolidation of the company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrant Agent an agreement that each Holder of a Warrant shall have the right thereafter on payment of the Warrant Price in effect immediately prior to such action to purchase on exercise of each Warrant the kind and amount of Shares and other securities and property which he would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, or conveyance had such Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, to the Holder of each Warrant notice of the execution of any such agreement. The provisions of this subsection 10.1 shall similarly apply to successive consolidations, mergers, sales, or conveyances. The Warrant Agent shall be under no duty or responsibility to determine the correctness of any provisions contained in any such agreement relating either to the kind or amount of shares of stock or other securities or property receivable on exercise of Warrants or with respect to the method employed and provided therein for any adjustments.

Preservation of Purchase Rights on Reclassification, Consolidation, Etc. In case of any consolidation of the company Company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrant Agent an agreement that each Holder of a Warrant shall have the right thereafter on payment of the Warrant Price in effect immediately prior to such action to purchase on exercise of each Warrant the kind and amount of Warrant Shares and other securities and property which he would have owned or would have been entitled to receive after the happening of such consolidation, merger, sale, or conveyance had such Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, to the Holder of each Warrant notice of the execution of any such agreement. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 10. The provisions of this subsection 10.1 Subsection 10.4 shall similarly apply to successive consolidations, mergers, sales, sales or conveyances. The Warrant Agent shall be under no duty or responsibility to determine the correctness of any provisions contained in any such agreement relating either to the kind or amount of shares Warrant Shares of stock or other securities or property receivable on exercise of Warrants or with respect to the method employed and provided therein for any adjustments.

Preservation of Purchase Rights on Reclassification, Consolidation, Etc. In case of any consolidation of the company Company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrant Agent an agreement that each Holder of a an N Warrant shall have the right thereafter on payment of the Warrant Price in effect immediately prior to such action to purchase on exercise of each N Warrant the kind and amount of Warrant Shares and other securities and property which he would have owned or have been entitled to receive after the happening of such consolidation, merger, sale, or conveyance had such N Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, to the Holder of each N Warrant notice of the execution of any such agreement. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this section 10. The provisions of this subsection 10.1 10.4 shall similarly apply to successive consolidations, mergers, sales, or conveyances. The Warrant Agent shall be under no duty or responsibility to determine the correctness of any provisions contained in any such agreement relating either to the kind or amount of shares Warrant Shares of stock or other securities or property receivable on exercise of N Warrants or with respect to the method employed and provided therein for any adjustments.

Preservation of Purchase Rights on Reclassification, Consolidation, Etc. In case of any consolidation of the company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrant Agent an agreement that each Holder of a Warrant shall have the right thereafter on payment of the Warrant Price in effect immediately prior to such action to purchase on exercise of each Warrant the kind and amount of Shares and other securities and property which he would 6 have owned or have been entitled to receive after the happening of such consolidation, merger, sale, or conveyance had such Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, to the Holder of each Warrant notice of the execution of any such agreement. The provisions of this subsection 10.1 shall similarly apply to successive consolidations, mergers, sales, or conveyances. The Warrant Agent shall be under no duty or responsibility to determine the correctness of any provisions contained in any such agreement relating either to the kind or amount of shares of stock or other securities or property receivable on exercise of Warrants or with respect to the method employed and provided therein for any adjustments.

Preservation of Purchase Rights on Reclassification, Consolidation, Etc. In case of any consolidation of the company Company with or merger of the Company into another corporation or in case of any sale or conveyance to another corporation of the property of the Company as an entirety or substantially as an entirety, the Company or such successor or purchasing corporation, as the case may be, shall execute with the Warrant Agent an agreement that each Holder of a Warrant shall have the right thereafter on payment of the Warrant Price in effect immediately prior to such action to purchase on exercise of each Warrant the kind and amount of Warrant Shares and other securities and property which he it would have owned or would have been entitled to receive after the happening of such consolidation, merger, sale, or conveyance had such Warrant been exercised immediately prior to such action. The Company shall mail by first class mail, postage prepaid, to the Holder of each Warrant notice of the execution of any such agreement. Such agreement shall provide for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 10. The provisions of this subsection 10.1 Subsection 10.4 shall similarly apply to successive consolidations, mergers, sales, sales or conveyances. The Warrant Agent shall be under no duty or responsibility to determine the correctness of any provisions contained in any such agreement relating either to the kind or amount of shares Warrant Shares of stock or other securities or property receivable on exercise of Warrants or with respect to the method employed and provided therein for any adjustments.