Subject to Article I. 7.1, the delivery of the Product to the participating Member States is in principle subject to prior grant of EU marketing authorisation for the Product.
Subject to Article I. C.1, if the Executive’s voluntary separation from service with the Company occurs before the Executive is fully Vested, the Company shall pay to the Executive the following amounts:
Subject to Article I. D. of the Debentures, so long as a Buyer beneficially owns any Debentures, the Company shall maintain its corporate existence and shall not merge, consolidate or sell all or substantially all of the Company's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company's assets, where the (i) the successor or acquiring entity and, if an entity different from the successor or acquiring entity, the entity whose securities into which the Debentures shall become convertible pursuant to Article II.C.2 of the Debentures, in such transaction assumes the Company's obligations hereunder and under the agreements and instruments entered into in connection herewith (including the Debentures, Investment Options and the Warrants) and (ii) the entity whose securities into which the Debentures shall become convertible pursuant to Article II.C.2 of the Debentures is a publicly traded corporation whose Common Stock is listed for trading on Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
