Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company shall (a) effect a reorganization, (b) consolidate with or merge into any other person, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, the holder of this Warrant, on the exercise hereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receive, in lieu of the Common Stock (or Other Securities) issuable on such exercise prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in Sections 3 and 5.
Appears in 9 contracts
Samples: Common Stock Purchase Warrant (Ecollege Com), Warrant Agreement (SoftBrands, Inc.), Warrant Agreement (Lionbridge Technologies Inc /De/)
Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company after the Original Issue Date shall (a) effect a reorganization, (b) consolidate with or merge into any other person, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, the holder of this Warrant, on upon the exercise hereof as provided in Section 1 section 3 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receivebe entitled to receive (and the Company shall be entitled to deliver), in lieu of the Common Stock (or Other Securities) issuable on upon such exercise prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such holder had so exercised this Warrant, Warrant immediately prior thereto, all subject to further adjustment thereafter as provided in Sections 3 sections 5 and 57 hereof.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Magnavision Corporation), Common Stock Purchase Warrant (Magnavision Corporation)
Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company after the Original Issue Date shall (a) effect a reorganization, (b) consolidate with or merge into any other person, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, the holder of this Warrant, on upon the exercise hereof as provided in Section 1 3 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receivebe entitled to receive (and the Company shall be entitled to deliver), in lieu of the Common Stock (or Other Securities) issuable on upon such exercise prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such holder had so exercised this Warrant, Warrant immediately prior thereto, all subject to further adjustment thereafter as provided in Sections 3 5 and 57 hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Advanced Radio Telecom Corp), Asset Acquisition Agreement (Advanced Radio Telecom Corp)
Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company Corporation shall (a) effect a reorganization, (b) consolidate with or merge into any other person, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the CompanyCorporation, then, in each such case, the holder of this WarrantHolder, on the exercise hereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receive, in lieu of the Common Stock (or Other Securities) issuable on such exercise prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder the Holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such holder the Holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustment thereafter adjustments as provided in Sections 3 3, 4 and 5. The Corporation hereby covenants that any purchaser of all or substantially all of the Corporation's assets must affirmatively assume this Warrant as well.
Appears in 2 contracts
Samples: Series B Preferred Stock and Warrant Purchase Agreement (Datametrics Corp), Warrant Agreement (Datametrics Corp)
Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company after the Original Issue Date shall (a) effect a reorganization, (b) consolidate with or merge into any other person, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, the holder of this Warrant, on upon the exercise hereof as provided in Section 1 section 3 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receivebe entitled to receive (and the Company shall be entitled to deliver), in lieu of the Common Stock (or Other Securities) issuable on upon such exercise prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such holder had has so exercised this Warrant, Warrant and the B-2 Warrant immediately prior thereto, all subject to further adjustment thereafter as provided in Sections 3 sections 5 and 57 hereof.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Provo International Inc), Common Stock Purchase Warrant (Frontline Communications Corp)
Reorganization, Consolidation, Merger, etc. In case at any time ------------------------------------------ or from time to time, the Company shall (a) effect a reorganization, (b) consolidate with or merge into any other person, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, the holder of this Warrant, on the exercise hereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receive, in lieu of the Common Stock (or Other Securities) issuable on such exercise prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in Sections 3 and 5.
Appears in 1 contract
Samples: Warrant Agreement (Lionbridge Technologies Inc /De/)
Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company shall (a) effect a reorganization, (b) consolidate with or merge into any other personPerson, or (c) transfer all or substantially all of its properties or assets to any other person Person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, the holder of this Warrant, on the exercise hereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receive, in lieu of the Common Stock (or Other Securities) issuable on such exercise prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in Sections 3 and 5.
Appears in 1 contract
Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company shall (a) effect a reorganization, (b) consolidate with or merge into any other person, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, the holder of this Warrant, on the exercise hereof as provided in Section section 1 at any time after the consummation of such reorganization, consolidation or merger or o the effective date of such dissolution, as the case may be, shall receive, in lieu of the Common Stock (or Other Securities) issuable on such exercise prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in Sections 3 section 3, 5 and 56.
Appears in 1 contract
Samples: Series a Convertible Preferred Stock and Warrant Purchase Agreement (Medical Sterilization Inc)
Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company after the Original Issue Date shall (a) effect a reorganization, (b) consolidate with or merge into with any other person, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, the holder record owner of this Warrant, on upon the exercise hereof as provided in Section 1 3 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receivebe entitled to receive (and the Company shall be entitled to deliver), in lieu of the Common Stock (or Other Securities) issuable on upon such exercise prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder record owner would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such holder record owner had so exercised this Warrant, Warrant immediately prior thereto, all subject to further adjustment thereafter as provided in Sections 3 sections 5 and 57 hereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (BMP Mobility Ag Venture Capital)
Reorganization, Consolidation, Merger, etc. In case at any time or from time to time, the Company shall (a) effect a reorganization, (b) consolidate with or merge into any other person, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, the holder of this Warrant, on the exercise hereof as provided in Section section 1 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receive, in lieu of the Common Stock (or Other Securities) issuable on such exercise prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in Sections 3 and 5section 3.
Appears in 1 contract
Reorganization, Consolidation, Merger, etc. In case at any time or from time to timetime after the date hereof, the Company shall (a) effect a reorganization, (b) consolidate with or merge into any other person, or (c) transfer all or substantially all of its properties or assets to any other person under any plan or arrangement contemplating the dissolution of the Company, then, in each such case, the holder of this Warrant, on the exercise hereof as provided in Section 1 at any time after the consummation of such reorganization, consolidation or merger or the effective date of such dissolution, as the case may be, shall receive, in lieu of the Common Series C-1 Preferred Stock (or Other Securities) issuable on such exercise prior to such consummation or such effective date, the stock and other securities and property (including cash) to which such holder would have been entitled upon such consummation or in connection with such dissolution, as the case may be, if such holder had so exercised this Warrant, immediately prior thereto, all subject to further adjustment thereafter as provided in Sections 3 and 5Section 4.
Appears in 1 contract