Reclassification, Consolidation, Purchase, Combination, Sale or Conveyance. If, at any time while the Warrants are outstanding, the Company shall effect any Fundamental Transaction, as such term is used in the Terms and Conditions, the Company shall instruct the Warrant Agent to mail by first class mail, postage prepaid, to each Holder of a Warrant, written notice of the execution of any such amendment, supplement or agreement. Any supplemented or amended agreement entered into by the successor corporation or transferee shall provide for adjustments as set forth in the Terms and Conditions. The Warrant Agent shall be under no responsibility to determine the correctness of any provisions contained in such agreement relating either to the kind or amount of securities or other property receivable upon exercise of warrants or with respect to the method employed and provided therein for any adjustments and shall be entitled to rely upon the provisions contained in any such agreement. The provisions of this Section 12 shall similarly apply to successive Fundamental Transactions.
Appears in 3 contracts
Samples: Warrant Agent Agreement (NeuroMetrix, Inc.), Warrant Agent Agreement (NeuroMetrix, Inc.), Warrant Agent Agreement (AMEDICA Corp)
Reclassification, Consolidation, Purchase, Combination, Sale or Conveyance. If, at any time while the Warrants are this Warrant is outstanding, the Company shall effect any Fundamental Transaction, as such term is used in the Terms and ConditionsWarrant Certificate, the Company shall instruct the Warrant Agent to mail by first class mail, postage prepaid, to each Holder of a Warrant, written notice of the execution of any such amendment, supplement or agreement. Any supplemented or amended agreement entered into by the successor corporation or transferee shall provide for adjustments as set forth in the Terms and ConditionsWarrant Certificate. The Warrant Agent shall be under no responsibility to determine the correctness of any provisions contained in such agreement relating either to the kind or amount of securities or other property receivable upon exercise of warrants or with respect to the method employed and provided therein for any adjustments and shall be entitled to rely upon the provisions contained in any such agreement. The provisions of this Section 12 13 shall similarly apply to successive Fundamental Transactions.
Appears in 1 contract
Samples: Warrant Agent Agreement (Advanced Life Sciences Holdings, Inc.)
Reclassification, Consolidation, Purchase, Combination, Sale or Conveyance. If, at any time while the Warrants are outstanding, the Company shall effect any Fundamental Transaction, as such term is used in the Terms and ConditionsWarrant Certificate, the Company shall instruct the Warrant Agent to mail by first class mail, postage prepaid, to each Holder of a Warrant, written notice of the execution of any such amendment, supplement or agreement. Any supplemented or amended agreement entered into by the successor corporation or transferee shall provide for adjustments as set forth in the Terms and ConditionsWarrant Certificate. The Warrant Agent shall be under no responsibility to determine the correctness of any provisions contained in such agreement relating either to the kind or amount of securities or other property receivable upon exercise of warrants or with respect to the method employed and provided therein for any adjustments and shall be entitled to rely upon the provisions contained in any such agreement. The provisions of this Section 12 13 shall similarly apply to successive Fundamental Transactions.
Appears in 1 contract
Samples: Warrant Agent Agreement (Apricus Biosciences, Inc.)
Reclassification, Consolidation, Purchase, Combination, Sale or Conveyance. If, at any time while the Warrants are this Warrant is outstanding, the Company shall effect any Fundamental Transaction, as such term terms is used in the Terms and ConditionsWarrant Certificate, the Company shall instruct the Warrant Agent to mail by first class mail, postage prepaid, to each Holder of a Warrant, written notice of the execution of any such amendment, supplement or agreement. Any supplemented or amended agreement entered into by the successor corporation or transferee shall provide for adjustments as set forth in the Terms and ConditionsWarrant Certificate. The Warrant Agent shall be under no responsibility to determine the correctness of any provisions contained in such agreement relating either to the kind or amount of securities or other property receivable upon exercise of warrants or with respect to the method employed and provided therein for any adjustments and shall be entitled to rely upon the provisions contained in any such agreement. The provisions of this Section 12 13 shall similarly apply to successive Fundamental Transactions.
Appears in 1 contract
Samples: Warrant Agent Agreement (Advanced Life Sciences Holdings, Inc.)