Common use of Rights and Duties of Successor Corporation Clause in Contracts

Rights and Duties of Successor Corporation. In case of any such consolidation, merger, sale, lease or conveyance and upon any such assumption by the successor corporation, such successor corporation shall succeed to and be substituted for the Corporation, with the same effect as if it had been named herein, and the predecessor corporation, except in the event of a lease, shall be relieved of any further obligation under this Agreement and the Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Corporation, any or all of the shares of Stock issuable pursuant to the terms hereof. In case of any such consolidation, merger, sale, lease or conveyance, such changes in phraseology and form (but not in substance) may be made in Stock thereafter to be issued as may be appropriate.

Rights and Duties of Successor Corporation. In case of any such consolidation, merger, sale, lease conveyance or conveyance transfer and upon any such assumption of the duties and obligations of the Company by the successor corporation, such successor corporation shall succeed to and be substituted for the CorporationCompany, with the same effect as if it had been named herein, and the predecessor corporation, except in the event of a lease, Company shall be relieved of any further obligation under this Agreement and the Stock Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the CorporationCompany, any or all of the shares of Preferred Shares underlying the Stock Warrants and issuable pursuant to the terms hereof. In case All such Preferred Shares so issued shall in all respects have the same legal rank and benefit as the Preferred Shares theretofore or thereafter issued in accordance with the terms of any such consolidation, merger, sale, lease or conveyance, such changes in phraseology this Agreement and form (but not in substance) may be made in Stock thereafter to be issued as may be appropriate.the Certificate of

Rights and Duties of Successor Corporation. (a) In case of any such consolidation, merger, sale, lease or conveyance and upon any such assumption by the successor corporation, such successor corporation shall succeed to and be substituted for the Corporation, with the same effect as if it had been named herein, and the predecessor corporation, except in the event of a lease, shall be relieved of any further obligation under this Agreement and the Warrants. Such successor corporation thereupon may cause to be signed, and may issue either in its own name or in the name of the Corporation, any or all of the shares of Stock issuable pursuant to the terms hereof. In case of any such consolidation, merger, sale, lease or conveyance, such changes in phraseology and form (but not in substance) may be made in Stock thereafter to be issued as may be appropriate.