Common use of ASX Listing Rules Clause in Contracts

ASX Listing Rules. For the period the Company is listed on the ASX, Sections 2.2 and 2.3 of this Warrant are subject to the listing rules applying to a reorganization of capital at the time of such reorganization as operated by ASX Limited (“ASX Listing Rules”). Notwithstanding any of the provisions of Sections 2.2 and 2.3 of this Warrant, to the extent of any inconsistency: (a) between Sections 2.2 or 2.3 of this Warrant and the ASX Listing Rules, the ASX Listing Rules prevail; and (b) between Sections 2.2 or 2.3, as applicable of this Warrant and the other terms of this Warrant, Sections 2.2 or 2.3 of this Warrant, as applicable, prevails; provided, that in no event shall the application of the ASX Listing Rules to Sections 2.2 or 2.3 of this Warrant result in Holder, or the Shares issuable to Holder upon exercise of this Warrant, being treated differently than the equityholders of other capital stock of the Company, or the capital stock of the Company held by such equityholders.

Appears in 3 contracts

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