Common use of Applicability of Restrictions Clause in Contracts

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 21 contracts

Sources: Warrant Agreement (Ambit Biosciences Corp), Warrant Agreement (Ambit Biosciences Corp), Warrant Agreement (Ambit Biosciences Corp)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 7 contracts

Sources: Warrant Agreement (Prometheus Laboratories Inc), Warrant Agreement (Adeza Biomedical Corp), Warrant Agreement (Colo Com)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 7 contracts

Sources: Warrant Agreement (DSL Net Inc), Warrant Agreement (DSL Net Inc), Warrant Agreement (DSL Net Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant warrant (or the Series Preferred or Common Stock obtainable upon exercise thereofhereof) or any part hereof (i) to a partner of the holder Holder if the holder Holder is a partnership or to a member of the holder Holder if the holder Holder is a limited liability company, (ii) to a partnership of which the holder Holder is a partner or to a limited liability company of which the holder Holder is a member, or (iii) to any affiliate of the holder Holder if the holder Holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant warrant as if an original holder Holder hereof.

Appears in 5 contracts

Sources: Merger Agreement (Ats Medical Inc), Subordinated Credit Agreement (Ats Medical Inc), Warrant Agreement (Ats Medical Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b6(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability companypartnership, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a memberpartner, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereofsignatory hereto.

Appears in 5 contracts

Sources: Warrant Agreement (Regenerx Biopharmaceuticals Inc), Warrant Agreement (Regenerx Biopharmaceuticals Inc), Warrant Agreement (Regenerx Biopharmaceuticals Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, provided that in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 4 contracts

Sources: Warrant Agreement (Nimblegen Systems Inc), Warrant Agreement (Nimblegen Systems Inc), Warrant Agreement (Elixir Pharmaceuticals, Inc.)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, in this Warrant (or the Series Preferred or Common Stock Shares obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 4 contracts

Sources: Warrant Agreement (Cherokee Inc), Warrant Agreement (Cherokee Inc), Warrant Agreement (Cherokee Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b8(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 3 contracts

Sources: Warrant Agreement (Metabasis Therapeutics Inc), Warrant Agreement (Metabasis Therapeutics Inc), Warrant Agreement (Metabasis Therapeutics Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 3 contracts

Sources: Warrant Agreement (Dot Hill Systems Corp), Warrant Agreement (Dot Hill Systems Corp), Warrant Agreement (Dot Hill Systems Corp)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 3 contracts

Sources: Warrant Agreement (Phenomix CORP), Warrant Agreement (Rightnow Technologies Inc), Warrant Agreement (Omm Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an art original holder hereof.

Appears in 3 contracts

Sources: Warrant Agreement (Comscore, Inc.), Warrant Agreement (Comscore, Inc.), Warrant Agreement (Comscore, Inc.)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b8(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability companypartnership, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a memberpartner, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereofsignatory hereto.

Appears in 3 contracts

Sources: Warrant to Purchase Shares (Euniverse Inc), Warrant Agreement (Marver James D), Warrant Agreement (Marver James D)

Applicability of Restrictions. Neither any restrictions of any legend ----------------------------- described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on -------- ------- the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 3 contracts

Sources: Warrant Agreement (Xenogen Corp), Warrant Agreement (Emachines Inc /De/), Warrant Agreement (Emachines Inc /De/)

Applicability of Restrictions. Neither any restrictions of any ----------------------------- legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Sources: Warrant Agreement (Onvia Com Inc), Loan and Security Agreement (Netscreen Technologies Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise hereof or thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, provided that in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Sources: Warrant Agreement (Bayhill Therapeutics, Inc.), Warrant Agreement (Bayhill Therapeutics, Inc.)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant warrant (or the Series Preferred or Common Stock obtainable upon exercise thereofhereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant warrant as if an original holder hereof.

Appears in 2 contracts

Sources: Warrant Agreement (Sunesis Pharmaceuticals Inc), Warrant Agreement (Sunesis Pharmaceuticals Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, that the transferor shall give prior notice to the Company of such transfer and in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Sources: Warrant Agreement (Salient Surgical Technologies, Inc.), Warrant Agreement (Salient Surgical Technologies, Inc.)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b7 (a) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Sources: Warrant Agreement (Athenahealth Inc), Warrant Agreement (Athenahealth Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Sources: Warrant Agreement (Dot Hill Systems Corp), Warrant Agreement (Dot Hill Systems Corp)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or shares of Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Sources: Warrant Agreement (Venrock Associates), Warrant Agreement (Venrock Associates)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability companypartnership, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a memberpartner, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereofsignatory hereto.

Appears in 2 contracts

Sources: Warrant Agreement (Signal Pharmaceuticals Inc), Warrant Agreement (Signal Pharmaceuticals Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Sources: Warrant Agreement (MAP Pharmaceuticals, Inc.), Warrant Agreement (MAP Pharmaceuticals, Inc.)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock Shares obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Sources: Warrant Agreement (Comscore, Inc.), Warrant Agreement (Comscore, Inc.)

Applicability of Restrictions. Neither any No restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable to be purchased upon exercise thereofhereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the CompanyCorporation’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Sources: Warrant Agreement (Butler International Inc /Md/), Warrant Agreement (Butler International Inc /Md/)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; providedPROVIDED, howeverHOWEVER, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 2 contracts

Sources: Warrant Agreement (Mitokor), Loan and Security Agreement (Digirad Corp)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable issuable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Sources: Warrant Agreement (Solyndra, Inc.)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder Holder if the holder Holder is a partnership or to a member of the holder Holder if the holder Holder is a limited liability company, (ii) to a partnership of which the holder Holder is a partner or to a limited liability company of which the holder Holder is a member, or (iii) to any affiliate of the holder Holder if the holder Holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder Holder hereof.

Appears in 1 contract

Sources: Warrant Agreement (Atheros Communications Inc)

Applicability of Restrictions. Neither any restrictions of any ----------------------------- legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, --------- ------- the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Sources: Warrant Agreement (Onvia Com Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Class A Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Sources: Warrant Agreement (BigBand Networks, Inc.)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; providedPROVIDED, howeverHOWEVER, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Sources: Warrant Agreement (Vantagepoint Venture Partners 1996)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) 8.2 above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder Holder if the holder Holder is a partnership or to a member of the holder Holder if the holder Holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder Holder is a member, or (iii) to any affiliate of the holder Holder if the holder Holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Sources: Warrant Agreement (Prolong International Corp)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Sources: Warrant Agreement (Micromet, Inc.)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Sources: Loan and Security Agreement (Depomed Inc)

Applicability of Restrictions. Neither Subject to compliance with the first sentence of Section 7(b), neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable Shares issuable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant and the Investor Rights Agreement as if an original holder hereof.

Appears in 1 contract

Sources: Warrant Agreement (Solyndra, Inc.)

Applicability of Restrictions. Neither any The restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall not apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Shares of Common Stock obtainable issuable upon the exercise thereofhereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s 's request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

Appears in 1 contract

Sources: Securities Agreement (Javelin Pharmaceuticals, Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred Stock or Common Stock obtainable upon exercise thereofhereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicableby acceptance of this Warrant, the transferee shall on the Company’s request agree in writing agrees to be bound by the terms of this Warrant as if an original holder hereofhereof and shall, on the Company’s request, agree in writing to be so bound.

Appears in 1 contract

Sources: Warrant Agreement (Acadia Pharmaceuticals Inc)

Applicability of Restrictions. Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred Shares or Common Stock obtainable upon exercise thereofof this Warrant) or any part hereof of this Warrant (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, member or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in holder. In connection with any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereofholder.

Appears in 1 contract

Sources: Second Lien Loan and Security Agreement (Kodiak Robotics, Inc.)