ASSET PURCHASE AGREEMENTAsset Purchase Agreement • February 7th, 2006 • Versant Corp • Services-prepackaged software • California
automatically and immediately terminate and expire upon the consummation of a “Change of Control” (as hereafter defined). As used herein, the term “Change of Control” of Seller shall mean: (i) the sale or other disposition of all or any substantial portion of Seller’s assets; (ii) the issuance of securities of Seller, in a single transaction or series of related transactions, that represent fifty percent (50%) or more of the voting power of all Seller’s then outstanding securities as of immediately after their issuance; or (iii) the consummation of any consolidation, merger, tender offer or similar transaction involving Seller or a subsidiary of Seller (each such transaction, a “reorganization”) which results in the shareholders of Seller immediately prior to such reorganization owning, immediately after consummation of such reorganization, either (A) voting securities of Seller or the surviving entity of such reorganization which represent fifty percent (50%)) or less of the voting se
