Common use of Successor Companies Clause in Contracts

Successor Companies. In the case of the consolidation, amalgamation, plan of arrangement, merger or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation (“Successor Corporation”), forthwith following the occurrence of such event the successor corporation resulting from such consolidation, amalgamation, plan of arrangement, merger or transfer (if not the Company) will expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Company.

Appears in 2 contracts

Samples: Warrant Indenture (MIGENIX Inc.), Warrant Indenture (MIGENIX Inc.)

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Successor Companies. In the case of the consolidation, amalgamation, plan of arrangement, merger or transfer of the undertaking or assets of the Company Corporation as an entirety or substantially as an entirety to another corporation ("Successor Corporation"), forthwith following the occurrence of such event the successor corporation resulting from such consolidation, amalgamation, plan of arrangement, merger or transfer (if not the CompanyCorporation) will shall expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent Trustee and executed and delivered to the Warrant AgentTrustee, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the CompanyCorporation.

Appears in 1 contract

Samples: Warrant Indenture (Echo Bay Mines LTD)

Successor Companies. In the case of the consolidation, amalgamation, plan of arrangement, merger or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation ("Successor Corporation"), forthwith following the occurrence of such event the successor corporation Successor Corporation resulting from such consolidation, amalgamation, plan of arrangement, merger or transfer (if not the Company) will expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Company.

Appears in 1 contract

Samples: Warrant Indenture (Crosshair Exploration & Mining Corp)

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Successor Companies. In the case of the consolidation, amalgamation, plan of arrangement, merger or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation (“Successor Corporation”), forthwith following the occurrence of such event the successor corporation resulting from such consolidation, amalgamation, plan of arrangement, merger or transfer (if not the Company) will expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent Trustee and executed and delivered to the Warrant AgentTrustee, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Company.

Appears in 1 contract

Samples: Warrant Indenture (Novagold Resources Inc)

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