Treatment of Transactions. Each of the undersigned elects that the consummation of the transactions contemplated by the Merger and Contribution Agreement and the other agreements contemplated by the Merger and Contribution Agreement, including but not limited to the Liquidation Agreement, will not be deemed a liquidation for purposes of Sections 3.1 and 3.2 of the Statement with Respect to Shares filed by Zynaxis in the Department of State of the Commonwealth of Pennsylvania on April 6, 1995.
Appears in 3 contracts
Samples: Preferred Stock and Warrant Agreement (Cytrx Corp), Preferred Stock and Warrant Agreement (Cytrx Corp), Preferred Stock and Warrant Agreement (Vaxcel Inc)
Treatment of Transactions. Each of the undersigned elects ------------------------- that the consummation of the transactions contemplated by the Merger and Contribution Agreement and the other agreements contemplated by the Merger and Contribution Agreement, including but not limited to the Liquidation Agreement, will not be deemed a liquidation for purposes of Sections 3.1 and 3.2 of the Statement with Respect to Shares filed by Zynaxis in the Department of State of the Commonwealth of Pennsylvania on April 6, 1995.
Appears in 1 contract
Samples: Preferred Stock and Warrant Agreement (Zynaxis Inc)
