Common use of Sale; Merger; Consolidation Clause in Contracts

Sale; Merger; Consolidation. Subject to the prior notification requirements of section 13, upon a transfer or sale of all or substantially all the assets of the Company or, in the case of any consolidation or merger of the Company with another entity (other than a consolidation or merger that does not result in any reclassification or change of the outstanding Common Stock), the transferee, purchaser or entity formed by or surviving a consolidation or merger, as the case may be, shall execute and deliver to Holder a supplemental warrant agreement giving Holder the right during the Exercise Period to receive upon exercise of the Warrants the kind and amount of shares of stock and/or other securities receivable upon such transfer, sale, consolidation or merger, as the case may be, by a holder of the number of shares of Common Stock for which the Warrants would have been exercisable immediately prior to such transfer, sale, consolidation or merger provided that if such transfer, sale, consolidation or merger results in the shareholders of the Company receiving cash or publicly traded securities having a value per share in excess of the Exercise Price, this Agreement shall terminate if not exercised prior to the closing date of such transaction. Such supplemental warrant agreement shall provide for adjustments identical to the adjustments provided in this section 8.

Sale; Merger; Consolidation. Subject to the prior notification requirements of section 13, upon a transfer or sale of all or substantially all the assets of the Company or, or in the case of any consolidation or merger of the Company with another entity (other than a consolidation or merger that does not result in any reclassification or change of the outstanding Common Stock), the transferee, purchaser or entity formed by or surviving a consolidation or merger, as the case may be, shall execute and deliver to Holder a supplemental warrant agreement giving Holder the right during the Exercise Period to receive receive, upon exercise of the Warrants a Warrant, the kind and amount of shares of stock and/or other securities receivable upon such transfer, sale, consolidation or merger, as the case may be, by a holder of the number of shares of Common Stock for which the Warrants would such Warrant might have been exercisable exercised immediately prior to such transfer, sale, consolidation or merger merger, provided that if such transfer, sale, consolidation or merger results shall result in the shareholders of the Company receiving cash or publicly traded securities having a value per share in excess of the Exercise Price, this Warrant Agreement shall terminate if not exercised prior to the closing date of such transaction. Such supplemental warrant agreement shall provide for adjustments that shall be identical to the adjustments provided in this section 8.

Sale; Merger; Consolidation. Subject to the prior notification requirements of notice provisions set forth in section 13, upon a transfer or sale of all or substantially all the capital stock or assets of the Company or, or in the case of any consolidation or merger of the Company with another entity (other than a consolidation or merger that does not result in any reclassification or change of the outstanding Common Stock), the transferee, purchaser or entity formed by or surviving a the consolidation or merger, as the case may be, shall execute and deliver to Holder a supplemental warrant agreement giving Holder the right during the Exercise Period to receive receive, upon exercise of the Warrants Warrants, the kind and amount of shares of stock and/or other securities receivable upon such transfer, sale, consolidation or merger, as the case may be, by a holder of the number of shares of Common Stock for which the such Warrants would could have been exercisable exercised immediately prior to such transfer, sale, consolidation or merger provided that if merger. If such transfer, sale, consolidation or merger results in the shareholders of the Company receiving cash or publicly traded securities having a value per share in excess of the Exercise Price, this Warrant Agreement shall terminate if not exercised prior to the closing date of such transaction. Such supplemental warrant agreement shall provide for adjustments identical to the adjustments provided in this section 8.

Sale; Merger; Consolidation. Subject to the prior notification requirements of section notice provisions set forth in Section 13, upon a transfer or sale of all or substantially all the capital stock or assets of the Company or, or in the case of any consolidation or merger of the Company with another entity (other than a consolidation or merger that does not result in any reclassification or change of the outstanding Common Stock), the transferee, purchaser or entity formed by or surviving a the consolidation or merger, as the case may be, shall execute and deliver to Holder a supplemental warrant agreement giving Holder the right during the Exercise Period to receive receive, upon exercise of the Warrants Warrants, the kind and amount of shares of stock and/or other securities receivable upon such transfer, sale, consolidation or merger, as the case may be, by a holder of the number of shares of Common Stock for which the such Warrants would could have been exercisable exercised immediately prior to such transfer, sale, consolidation or merger provided that if merger. If such transfer, sale, consolidation or merger results in the shareholders of the Company receiving cash or publicly traded securities having a value per share in excess of the Exercise Price, this Warrant Agreement shall terminate if not exercised prior to the closing date of such transaction. Such supplemental warrant agreement shall provide for adjustments identical to the adjustments provided in this section Section 8.

Sale; Merger; Consolidation. Subject to the prior notification requirements of section 13, upon a transfer or sale of all or substantially all the assets of the Company or, or in the case of any consolidation or merger of the Company with another entity (other than a consolidation or merger that does not result in any reclassification or change of the outstanding Common Stock), the transferee, purchaser or entity formed by or surviving a consolidation or merger, as the case may be, shall execute and deliver to Holder a supplemental warrant agreement giving Holder the right during the Exercise Period to receive receive, upon exercise of the Warrants a Warrant, the kind and amount of shares of stock and/or other securities receivable upon such transfer, sale, consolidation or merger, as the case may be, by a holder of the number of shares of Common Stock for which the Warrants would such Warrant might have been exercisable exercised immediately prior to such transfer, sale, consolidation or merger merger; provided that if such transfer, sale, consolidation or merger results shall result in the shareholders of the Company receiving cash or publicly traded securities having a value per share in excess of the Exercise Price, this Warrant Agreement shall terminate if not exercised prior to the closing date of such transaction. Such supplemental warrant agreement shall provide for adjustments that shall be identical to the adjustments provided in this section 8.