Adjustment Due to Merger, Consolidation, Etc. If, at any time after the date hereof, there shall be (i) any reclassification or change of the outstanding shares of Common Stock (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), (ii) any consolidation or merger of the Company with any other entity (other than a merger in which the Company is the surviving or continuing entity and its capital stock is unchanged), (iii) any sale or transfer of all or substantially all of the assets of the Company, or (iv) any share exchange pursuant to which all of the outstanding shares of Common Stock are converted into other securities or property (each of (i) - (iv) above being a “Corporate Change”), then the Holder shall thereafter have the right to receive upon exercise of this Warrant, in lieu of the shares of Common Stock otherwise issuable, such shares of stock, securities and/or other property as would have been issued or payable in such Corporate Change with respect to or in exchange for the number of shares of Common Stock which would have been issuable upon such exercise had such Corporate Change not taken place.
Appears in 14 contracts
Sources: Warrant Agreement (Scopus BioPharma Inc.), Warrant Agreement (MLTM Lending LLC), Warrant Agreement (Axion International Holdings, Inc.)
Adjustment Due to Merger, Consolidation, Etc. If, at any time after the date hereofClosing Date, there shall be (i) any reclassification or change of the outstanding shares of Common Stock (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), (ii) any consolidation or merger of the Company Corporation with any other entity (other than a migratory merger effected solely for the purpose of changing the jurisdiction of incorporation of the Corporation and other than a merger in which the Company Corporation is the surviving or continuing entity and its authorized capital stock is unchanged), (iii) any sale or transfer of all or substantially all of the assets of the Company, Corporation or (iv) any share exchange pursuant to which all of the outstanding shares of Common Stock are converted into other securities or property (each of (i) - (iv) above being a “Corporate Change”"CORPORATE CHANGE"), then the Holder Holders shall thereafter have the right to receive upon exercise of this Warranthereof, in lieu of the shares of Common Stock otherwise issuable, such shares of stock, securities and/or other property as would have been issued or payable in such Corporate Change with respect to or in exchange for the number of shares of Common Stock which would have been issuable upon such exercise had such Corporate Change not taken placehereof (without giving effect to the limitations contained in Article II.
Appears in 2 contracts
Sources: Warrant Agreement (Robotic Vision Systems Inc), Warrant Agreement (Robotic Vision Systems Inc)
Adjustment Due to Merger, Consolidation, Etc. If, at any time after the date hereofClosing Date, there shall be (i) any reclassification or change of the outstanding shares of Common Stock (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), (ii) any consolidation or merger of the Company Corporation with any other entity (other than a migratory merger effected solely for the purpose of changing the jurisdiction of incorporation of the Corporation and other than a merger in which the Company Corporation is the surviving or continuing entity and its authorized capital stock is unchanged), (iii) any sale or transfer of all or substantially all of the assets of the Company, Corporation or (iv) any share exchange pursuant to which all of the outstanding shares of Common Stock are converted into other securities or property (each of (i) - (iv) above being a “"Corporate Change”"), then the Holder Holders shall thereafter have the right to receive upon exercise of this Warranthereof, in lieu of the shares of Common Stock otherwise issuable, such shares of stock, securities and/or other property as would have been issued or payable in such Corporate Change with respect to or in exchange for the number of shares of Common Stock which would have been issuable upon such exercise had such Corporate Change not taken placehereof (without giving effect to the limitations contained in Article II.
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Adjustment Due to Merger, Consolidation, Etc. If, at any time after the date hereof, there shall be (i) any reclassification or change of the outstanding shares of Common Stock (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), (ii) any consolidation or merger of the Company with any other entity (other than a merger in which the Company is the surviving or continuing entity and its capital stock is unchanged), (iii) any sale or transfer of all or substantially all of the assets of the Company, or (iv) any share exchange pursuant to which all of the outstanding shares of Common Stock are converted into other securities or property (each of (i) - (iv) above being a “Corporate Change”), then the Holder shall thereafter have the right to receive upon exercise of this Warrantconversion pursuant to Sections 3(a), 3(b),or 3(c), in lieu of the shares of Common Stock otherwise issuable, such shares of stock, securities and/or other property as would have been issued or payable in such Corporate Change with respect to or in exchange for the number of shares of Common Stock which would have been issuable upon such exercise conversion had such Corporate Change not taken place.
Appears in 1 contract
Sources: Convertible Note (Axion International Holdings, Inc.)
Adjustment Due to Merger, Consolidation, Etc. If, at any time after the date hereofFirst Closing Date, there shall be (i) any reclassification or change of the outstanding shares of Common Stock (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination), (ii) any consolidation or merger of the Company Corporation with any other entity (other than a migratory merger effected solely for the purpose of changing the jurisdiction of incorporation of the Corporation and other than a merger in which the Company Corporation is the surviving or continuing entity and its authorized capital stock is unchanged), (iii) any sale or transfer of all or substantially all of the assets of the Company, Corporation or (iv) any share exchange pursuant to which all of the outstanding shares of Common Stock are converted into other securities or property (each of (i) - (iv) above being a “"Corporate Change”"), then the Holder Holders shall thereafter have the right to receive upon exercise of this Warranthereof, in lieu of the shares of Common Stock otherwise issuable, such shares of stock, securities and/or other property as would have been issued or payable in such Corporate Change with respect to or in exchange for the number of shares of Common Stock which would have been issuable upon such exercise had such Corporate Change not taken placehereof (without giving effect to the limitations contained in Article II.
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