Reorganization, Consolidation, Merger, etc. In case the Company after December 16, 1999 shall (a) effect a reorganization, (b) consolidate with or merge with or into any other entity, or (c) transfer all or substantially all of its properties or assets to any other person or entity, then, in each such case, the Holder of this Warrant, upon the exercise hereof as provided in Section 2 at any time after the consummation of such reorganization, consolidation, merger or transfer, as the case may be, shall be entitled to receive, in lieu of the Class A Common Stock (or Other Securities) issuable upon such exercise prior to such consummation, the stock and Other Securities and property (including cash) to which such Holder would have been entitled upon such consummation if such Holder had so exercised this Warrant immediately prior thereto, all subject to further adjustment thereafter as provided in Section 3 hereof. The Company shall not consummate any such reorganization, consolidation, merger or transfer, unless the resulting, surviving or transferee entity, as the case may be, expressly agrees in writing, reasonably satisfactory to the Holders of a majority of the Warrants then outstanding, to fulfill the Company’s obligations under this Warrant and this Section 8.
Appears in 4 contracts
Samples: Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp)
Reorganization, Consolidation, Merger, etc. In case the Company after December 16, 1999 shall (a) effect a reorganization, (b) consolidate with or merge with or into any other entity, or (c) transfer all or substantially all of its properties or assets to any other person or entity, then, in each such case, the Holder holder of this Warrant, upon the exercise hereof as provided in Section 2 3 at any time after the consummation of such reorganization, consolidation, merger or transfer, as the case may be, shall be entitled to receive, in lieu of the Class A Common Stock (or Other Securities) issuable upon such exercise prior to such consummation, the stock and Other Securities other securities and property (including cash) to which such Holder holder would have been entitled upon such consummation if such Holder holder had so exercised this Warrant immediately prior thereto, all subject to further adjustment thereafter as provided in Section 3 4 hereof. The Company shall not consummate any such reorganization, consolidation, merger or transfer, transfer unless the resulting, surviving or transferee entity, as the case may be, expressly agrees in writing, reasonably satisfactory to the Holders holders of a majority of the Warrants then outstanding, to fulfill fulfil the Company’s obligations under this Warrant and this Section 810.
Appears in 4 contracts
Samples: Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp)
Reorganization, Consolidation, Merger, etc. In case the Company after December 16, 1999 shall (a) effect a reorganization, (b) consolidate with or merge with or into any other entity, or (c) transfer all or substantially all of its properties or assets to any other person or entity, then, in each such case, the Holder holder of this Warrant, upon the exercise hereof as provided in Section 2 1 at any time after the consummation of such reorganization, consolidation, merger or transfer, as the case may be, shall be entitled to receive, in lieu of the Class A Common Stock (or Other Securities) issuable upon such exercise prior to such consummation, the stock and Other Securities and property (including cash) to which such Holder holder would have been entitled upon such consummation if such Holder holder had so exercised this Warrant immediately prior thereto, all subject to further adjustment thereafter as provided in Section 3 2 hereof. The Company shall not consummate any such reorganization, consolidation, merger or transfer, unless the resulting, surviving or transferee entity, as the case may be, expressly agrees in writing, reasonably satisfactory to the Holders holders of a majority of the Warrants then outstanding, to fulfill the Company’s obligations under this Warrant and this Section 87.
Appears in 2 contracts
Samples: Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp)
Reorganization, Consolidation, Merger, etc. In case the Company after December 16, 1999 shall (a) effect a reorganization, (b) consolidate with or merge with or into any other entity, or (c) transfer all or substantially all of its properties or assets to any other person or entity, then, in each such case, the Holder holder of this Warrant, upon the exercise hereof as provided in Section 2 1 at any time after the consummation of such reorganization, consolidation, merger or transfer, as the case may be, shall be entitled to receive, in lieu of the Class A Common Stock (or Other Securities) issuable upon such exercise prior to such consummation, the stock and Other Securities and property (including cash) to which such Holder holder would have been entitled upon such consummation if such Holder holder had so exercised this Warrant immediately prior thereto, all subject to further adjustment thereafter as provided in Section 3 2 hereof. The Company shall not consummate any such reorganization, consolidation, merger or transfer, unless the resulting, surviving or transferee entity, as the case may be, expressly agrees in writing, reasonably satisfactory to the Holders holders of a majority of the Warrants then outstanding, to fulfill the Company’s 's obligations under this Warrant and this Section 87.
Appears in 1 contract
Samples: Class B Common Stock and Warrant Purchase Agreement (Talentpoint Inc)
Reorganization, Consolidation, Merger, etc. In case the Company after December 16, 1999 shall (a) effect a reorganization, (b) consolidate with or merge with or into any other entity, or (c) transfer all or substantially all of its properties or assets to any other person or entity, then, in each such case, the Holder of this Warrant, upon the exercise hereof as provided in Section 2 at any time after the consummation of such reorganization, consolidation, merger or transfer, as the case may be, shall be entitled to receive, in lieu of the Class A Common Stock (or Other Securities) issuable upon such exercise prior to such consummation, the stock and Other Securities and property (including cash) to which such Holder would have been entitled upon such consummation if such Holder had so exercised this Warrant immediately prior thereto, all subject to further adjustment thereafter as provided in Section 3 hereof. The Company shall not consummate any such reorganization, consolidation, merger or transfer, unless the resulting, surviving or transferee entity, as the case may be, expressly agrees in writing, reasonably satisfactory to the Holders of a majority of the Warrants then outstanding, to fulfill the Company’s 's obligations under this Warrant and this Section 8.
Appears in 1 contract
Samples: Class B Common Stock and Warrant Purchase Agreement (Talentpoint Inc)
Reorganization, Consolidation, Merger, etc. In case the Company after December 16, 1999 shall (a) effect a reorganization, (b) consolidate with or merge with or into any other entity, or (c) transfer all or substantially all of its properties or assets to any other person or entity, then, in each such case, the Holder holder of this Warrant, upon the exercise hereof as provided in Section 2 3 at any time after the consummation of such reorganization, consolidation, merger or transfer, as the case may be, shall be entitled to receive, in lieu of the Class A Common Stock (or Other Securities) issuable upon such exercise prior to such consummation, the stock and Other Securities other securities and property (including cash) to which such Holder holder would have been entitled upon such consummation if such Holder holder had so exercised this Warrant immediately prior thereto, all subject to further adjustment thereafter as provided in Section 3 4 hereof. The Company shall not consummate any such reorganization, consolidation, merger or transfer, transfer unless the resulting, surviving or transferee entity, as the case may be, expressly agrees in writing, reasonably satisfactory to the Holders holders of a majority of the Warrants then outstanding, to fulfill fulfil the Company’s 's obligations under this Warrant and this Section 8.
Appears in 1 contract
Samples: Class B Common Stock and Warrant Purchase Agreement (Talentpoint Inc)
Reorganization, Consolidation, Merger, etc. In case the Company after December 16, 1999 shall (a) effect a reorganization, (b) consolidate with or merge with or into any other entity, or (c) transfer all or substantially all of its properties or assets to any other person or entity, then, in each such case, the Holder holder of this Warrant, upon the exercise hereof as provided in Section 2 3 at any time after the consummation of such reorganization, consolidation, merger or transfer, as the case may be, shall be entitled to receive, in lieu of the Class A Common Stock (or Other Securities) issuable upon such exercise prior to such consummation, the stock and Other Securities other securities and property (including cash) to which such Holder holder would have been entitled upon such consummation if such Holder holder had so exercised this Warrant immediately prior thereto, all subject to further adjustment thereafter as provided in Section 3 4 hereof. The Company shall not consummate any such reorganization, consolidation, merger or transfer, transfer unless the resulting, surviving or transferee entity, as the case may be, expressly agrees in writing, reasonably satisfactory to the Holders holders of a majority of the Warrants then outstanding, to fulfill fulfil the Company’s 's obligations under this Warrant and this Section 810.
Appears in 1 contract
Samples: Class B Common Stock and Warrant Purchase Agreement (Talentpoint Inc)