Common use of Successor to Company Clause in Contracts

Successor to Company. In the event that the Company merges -------------------- or consolidates with or into any other corporation or sell or otherwise transfers its property, assets and business substantially as an entirety to a successor corporation, the Company shall use reasonable commercial efforts to have such successor corporation assume each and every covenant and condition of this Agreement to be performed and observed by the Company.

Appears in 3 contracts

Samples: Warrant Agreement (Silicon Gaming Inc), Warrant Agreement (Silicon Gaming Inc), Contingent Warrant Agreement (Careside Inc)

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Successor to Company. In the event that the Company merges -------------------- or consolidates with or into any other corporation or sell or otherwise transfers its property, assets and business substantially as an entirety to a successor corporation, the Company shall use reasonable commercial efforts to have such successor corporation assume each and every covenant and condition of this Agreement to be performed and observed by the Company.

Appears in 3 contracts

Samples: Warrant Agreement (Medix Resources Inc), Contingent Warrant Agreement (Milacron Inc), Warrant Agreement (Silicon Gaming Inc)

Successor to Company. In the event that the The Company merges -------------------- will not merge or consolidates consolidate with or into any other corporation or sell or otherwise transfers transfer its property, assets and business substantially as an entirety to a successor corporation, unless the Company corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall use reasonable commercial efforts to have such successor corporation assume expressly assume, by supplemental agreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Appears in 2 contracts

Samples: Warrant Agreement (Bally Total Fitness Holding Corp), Warrant Agreement (Media Communications Group Inc)

Successor to Company. In the event that the Company merges or -------------------- or consolidates with or into any other corporation or sell or otherwise transfers its property, assets and business substantially as an entirety to a successor corporation, the Company shall use reasonable commercial efforts to have such successor corporation assume each and every covenant and condition of this Agreement to be performed and observed by the Company.

Appears in 2 contracts

Samples: Warrant Agreement (Careside Inc), Warrant Agreement (Careside Inc)

Successor to Company. In the event that the Company merges -------------------- or --------------------- consolidates with or into any other corporation or sell or otherwise transfers its property, assets and business substantially as an entirety to a successor corporation, the Company shall use reasonable commercial efforts to have such successor corporation assume each and every covenant and condition of this Agreement to be performed and observed by the Company.

Appears in 1 contract

Samples: Warrant Agreement (Careside Inc)

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Successor to Company. In the event that the Company merges -------------------- or consolidates with or into any other corporation or sell sells or otherwise transfers its property, assets and business substantially as an entirety to a successor corporation, the Company shall use reasonable commercial efforts to have such successor corporation assume each and every covenant and condition of this Agreement to be performed and observed by the Company.

Appears in 1 contract

Samples: Warrant Agreement (Biosphere Medical Inc)

Successor to Company. In the event that the The Company merges will not merge or -------------------- or consolidates consolidate with or into any other corporation or sell or otherwise transfers transfer its property, assets and business substantially as an entirety to a successor corporation, unless the Company corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall use reasonable commercial efforts expressly assume, by supplemental agreement satisfactory in form and substance to have such successor corporation assume the Holders and delivered to the Holders, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Appears in 1 contract

Samples: Warrant Agreement (Pacific Aerospace & Electronics Inc)

Successor to Company. In the event that the The Company merges will not merge or -------------------- or consolidates consolidate with or into any other corporation or sell or otherwise transfers transfer its property, assets and business substantially as an entirety to a successor corporation, unless the Company corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall use reasonable commercial efforts expressly assume, by supplemental agreement satisfactory in form and substance to have such successor corporation assume the holders and delivered to the holders, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Appears in 1 contract

Samples: Warrant Agreement (Pacific Aerospace & Electronics Inc)

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