Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpired, in case of any reclassification, change or conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant (in form and substance reasonably satisfactory to the Investor) providing that the Investor shall have the right to exercise such new Warrant and upon such exercise to receive, in lieu of each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of one share of Common Stock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph 5. The provisions of this subparagraph (a) shall similarly apply to successive reclassification, changes, mergers and transfers by the Company or any successor or purchasing corporation.
Appears in 2 contracts
Samples: Exchange Agreement (First Mariner Bancorp), Exchange Agreement (First Mariner Bancorp)
Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpired, in In case of any reclassification, reclassification or change or conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is a continuing the acquiring and the surviving corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to the holder of this Warrant a new Warrant (in form and substance reasonably satisfactory to the Investor) providing holder of this Warrant), so that the Investor holder of this Warrant shall have the right to exercise such new Warrant and upon such exercise to receive, in lieu of each share of Common Stock theretofore issuable receive upon exercise of this Warrant, Warrant the kind and amount of shares of stock, other securities, money and or other property receivable upon that the holder would have received if this Warrant had been exercised immediately before the record date for such reclassification, change reclassification or merger by a holder of one share of Common Stockmerger. Such Any new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph 5Section 4. The provisions of this subparagraph (aSection 4(a) shall similarly apply to successive reclassificationreclassifications, changes, mergers changes and transfers by the Company or any successor or purchasing corporationmergers.
Appears in 2 contracts
Samples: Warrant Agreement (Satcon Technology Corp), Warrant Agreement (Satcon Technology Corp)
Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpired, in case of any reclassification, change or conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant (in form and substance reasonably satisfactory to the Investor) providing that the Investor shall have the right to exercise such new Warrant and upon such exercise to receive, in lieu of each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of one share of Common Stock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph 5. The provisions of this subparagraph (a) shall similarly apply to successive reclassification, changes, mergers and transfers by the Company or any successor success or purchasing corporation.
Appears in 2 contracts
Samples: Exchange Agreement (First Mariner Bancorp), Exchange Agreement (First Mariner Bancorp)
Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpired, in In case of any reclassification, stock -------------------------- split, stock dividend, change or conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation or entity (other than a merger with another corporation in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporationcorporation or entity, as the case may be, shall execute a new Warrant (in form and substance reasonably satisfactory to the InvestorHolder of this Warrant) providing that the Investor Holder of this Warrant shall have the right to exercise such new Warrant and upon such exercise to receive, in lieu of each share of Common Stock theretofore issuable upon exercise of this WarrantStock, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of one share of Common Stock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph 5Section 4. The provisions of this subparagraph (aSection 4(e) shall similarly apply to successive reclassificationreclassifications, changes, mergers and transfers by the Company or any successor or purchasing corporationtransfers.
Appears in 1 contract
Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpired, in case In the event of any reclassification, change or conversion of securities of the class Common Shares issuable upon exercise of this Warrant the Warrants (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrantthe Warrants), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant Warrants (in form and substance reasonably satisfactory to the InvestorHolder) providing that the Investor Holder shall have the right to exercise such new Warrant Warrants and upon such exercise to receive, in lieu of each share of Common Stock Shares theretofore issuable upon exercise of this Warrantthe Warrants, the kind and amount of shares of stockCommon Shares, other securities, money and property receivable upon such reclassification, change change, merger or merger sale by a holder of one share of Common StockShares. Such new Warrant Warrants shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph 5Section 9. The provisions of this subparagraph (a) Subsection 9.1 shall similarly apply to successive reclassificationreclassifications, changes, mergers and transfers by the Company or any successor or purchasing corporationsales.
Appears in 1 contract
Samples: Warrant Agreement (Hockey Co)
Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpired, in In case of any reclassification, change or conversion of securities of the class Shares issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation entity (other than a merger with another corporation entity in which the Company is a the continuing corporation entity and which that does not result in any reclassification reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporationentity, as the case may be, shall execute a new Warrant warrant (in form and substance reasonably satisfactory to the Investorholder of this Warrant) providing that the Investor Holder shall have the right to exercise such new Warrant warrant and upon such exercise to receive, in lieu of each share of Common Stock theretofore Share issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of one share of Common Stock. Such new Warrant warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph 5Section 4. The provisions of this subparagraph (aSection 4(b) shall similarly apply to successive reclassificationreclassifications, changes, mergers and transfers by the Company or any successor or purchasing corporationmergers.
Appears in 1 contract
Samples: Warrant Agreement (China YCT International Group, Inc.)
Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpiredSubject to Section 1, in case of any -------------------------- reclassification, change or or, conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is a continuing corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant (in form and substance reasonably substance, satisfactory to the Investorholder of this Warrant) providing that the Investor holder of this Warrant shall have the right to exercise such new Warrant and upon such exercise to receive, in lieu of each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of one share of Common Stock. Such new Warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph 54. The provisions of this subparagraph (a) Section 4.2 shall similarly apply to successive reclassificationreclassifications, changes, mergers and transfers by the Company or any successor or purchasing corporationtransfers.
Appears in 1 contract
Reclassification or Merger. If at any time while this Warrant remains outstanding and unexpired, in In case of any reclassification, change change, or conversion of securities of the class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company with or into another corporation (other than a merger with another corporation in which the Company is a continuing the surviving corporation and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the Company, or such successor or purchasing corporation, as the case may be, shall duly execute and deliver to Holder a new Warrant warrant (in form and substance reasonably satisfactory to the Investor) providing Holder), so that the Investor Holder shall have the right to exercise such new Warrant and upon such exercise to receive, at a total purchase price not to exceed that payable upon the exercise of this Warrant, and in lieu of each share the shares of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of capital stock, other securities, money money, and property receivable upon such that reclassification, change change, or merger by a holder of one share the number of shares of Common StockStock then purchasable under this Warrant. Such That new Warrant warrant shall provide for adjustments that shall be as nearly equivalent as may be practicable to the adjustments provided for in this Paragraph Section 5. The provisions of this subparagraph subsection (a) shall similarly apply to successive reclassificationreclassifications, changes, mergers and transfers by the Company or any successor or purchasing corporationmergers.
Appears in 1 contract
Samples: Warrant Agreement (Glowpoint, Inc.)
Reclassification or Merger. If at any time while Subject to earlier termination of this Warrant remains outstanding and unexpiredunder Section 1 above, in any case of any reclassification, change or conversion of securities of the class issuable upon exercise of this Warrant (other than a change in the par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), or in case of any merger of the Company Corporation with or into another corporation (other than a merger with another corporation in which the Company Corporation is a continuing corporation corporation, and which does not result in any reclassification or change of outstanding securities issuable upon exercise of this Warrant), or in case of any sale of all or substantially all of the assets of the Company, the CompanyCorporation, or such successor or purchasing corporation, as the case may be, shall execute a new Warrant (in form and substance reasonably satisfactory to the Investor) Holder), providing that the Investor Holder shall have the right to exercise such new Warrant and and, upon such exercise exercise, to receive, in lieu of each share of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification, change or merger by a holder of one (1) share of Common Stock. Such new Warrant shall provide for adjustments adjustment that shall be as nearly equivalent as may be practicable to the adjustments adjustment provided for in this Paragraph 5Section 8. The provisions of this subparagraph (a) subsection 8.a. shall similarly apply to successive reclassificationreclassifications, changes, mergers and transfers by the Company or any successor or purchasing corporationtransfers.
Appears in 1 contract
Samples: Warrant and Common Stock Purchase Agreement (Enova Systems Inc)