Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 21 contracts
Sources: Warrant Agreement (Meridian Usa Holdings Inc), Warrant Agreement (Shells Seafood Restaurants Inc), Warrant Agreement (Immunomedics Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's ’s assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, however, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 8 contracts
Sources: Warrant Agreement (Telzuit Medical Technologies, Inc.), Warrant Agreement (Deer Valley Corp), Warrant Agreement (Cruisestock Inc.)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereofWarrantholder. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof Warrantholder but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof Warrantholder in respect of any rights to which the holder hereof Warrantholder shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof Warrantholder to make any such request shall not affect the continuing obligation of the Company to the holder hereof Warrantholder in respect of such rights.
Appears in 8 contracts
Sources: Warrant Agreement (Cytomedix Inc), Warrant Agreement (Cytomedix Inc), Warrant Agreement (Cytomedix Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's ’s assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereofWarrantholder. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof Warrantholder but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder hereof Warrantholder in respect of any rights to which the holder hereof Warrantholder shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof Warrantholder to make any such request shall not affect the continuing obligation of the Company to the holder hereof Warrantholder in respect of such rights.
Appears in 7 contracts
Sources: Warrant Agreement (CVSL Inc.), Warrant Agreement (CVSL Inc.), Warrant Agreement (CVSL Inc.)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 7 contracts
Sources: Warrant Agreement (Ribogene Inc / Ca/), Warrant Agreement (Epix Medical Inc), Warrant Agreement (Ribogene Inc / Ca/)
Binding Effect on Successors. This Warrant shall be binding upon ------------------------------ any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, however, that the failure of the holder hereof to make any -------- ------- such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 6 contracts
Sources: Warrant Agreement (Cytation Corp), Warrant Agreement (Cytation Corp), Warrant Agreement (Cytation Corp)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's ’s assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereofHolder. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof Holder but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder hereof Holder in respect of any rights to which the holder hereof Holder shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof Holder to make any such request shall not affect the continuing obligation of the Company to the holder hereof Holder in respect of such rights.
Appears in 6 contracts
Sources: Guarantee Fee, Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.), Guarantee Fee, Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.), Securities Purchase Agreement (Medical Solutions Management Inc.)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's ’s assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 6 contracts
Sources: Note Purchase Agreement (Medical Solutions Management Inc.), Warrant Agreement (China Media Networks International Inc.), Warrant Agreement (China Media Networks International Inc.)
Binding Effect on Successors. This Warrant shall be binding upon any ------------------------------ corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, however, that the failure of the holder hereof to make any -------- ------- such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 5 contracts
Sources: Warrant Agreement (Cytation Corp), Warrant Agreement (Cytation Corp), Warrant Agreement (Cytation Corp)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 5 contracts
Sources: Warrant Agreement (Regenerx Biopharmaceuticals Inc), Warrant Agreement (Regenerx Biopharmaceuticals Inc), Warrant Agreement (Regenerx Biopharmaceuticals Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock Series Preferred issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Registrable Securities to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 4 contracts
Sources: Warrant Agreement (Exactis Com Inc), Warrant Agreement (Vixel Corp), Warrant Agreement (Combichem Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant Warrant, and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 3 contracts
Sources: Common Stock Purchase Warrant (Analogy Inc), Common Stock Purchase Warrant (Analogy Inc), Common Stock Purchase Warrant (Analogy Inc)
Binding Effect on Successors. This Warrant shall be binding upon ------------------------------ any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder Holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights to which the holder Holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder Holder hereof to make any such -------- request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 3 contracts
Sources: Warrant Agreement (Taylor Madison Corp), Warrant Agreement (Taylor Madison Corp), Warrant Agreement (Taylor Madison Corp)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's ’s assets, and all . All of the obligations of the Company relating to the Shares, or the Company’s Common Stock issuable upon the exercise or conversion of this Warrant thereof, shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 3 contracts
Sources: Warrant Agreement (Reply! Inc), Warrant Agreement (Reply! Inc), Warrant Agreement (Reply! Inc)
Binding Effect on Successors. This Warrant shall be binding upon ---------------------------- any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 3 contracts
Sources: Warrant Agreement (Banyan Systems Inc), Warrant Agreement (Graphix Zone Inc /De/), Loan and Security Agreement (QMS Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, however, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 3 contracts
Sources: Warrant Agreement (Cfi Proservices Inc), Warrant Agreement (Cfi Proservices Inc), Warrant Agreement (Med Diversified Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder Holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Registrable Securities) to which the holder Holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder Holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 3 contracts
Sources: Common Stock Warrant (Exelixis Inc), Common Stock Warrant (Exelixis Inc), Common Stock Warrant (Exelixis Inc)
Binding Effect on Successors. This Warrant shall be binding upon any ----------------------------- corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all assets unless otherwise agreed by the Holder. All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Common Stock) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 3 contracts
Sources: Patent License Agreement (Wavesplitter Technologies Inc), Patent License Agreement (Wavesplitter Technologies Inc), Patent License Agreement (Wavesplitter Technologies Inc)
Binding Effect on Successors. This Warrant shall be binding upon any ---------------------------- corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all . All of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns assign of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Common Stock) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 2 contracts
Sources: Loan Agreement (Active Software Inc), Loan Agreement (Verisign Inc/Ca)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns assign of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing Continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Common Stock) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 2 contracts
Sources: Loan and Security Agreement (Adforce Inc), Loan and Security Agreement (Adforce Inc)
Binding Effect on Successors. This Warrant shall be binding upon ------------------------------ any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such -------- request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 2 contracts
Sources: Warrant Agreement (Taylor Madison Corp), Warrant Agreement (Taylor Madison Corp)
Binding Effect on Successors. This Warrant shall be binding upon any ---------------------------- corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock Series Preferred issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall -------- not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 2 contracts
Sources: Loan and Security Agreement (Corsair Communications Inc), Warrant Agreement (Microsoft Corp)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns assign of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights to which the holder Holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; , provided, that the failure of the holder Holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 2 contracts
Sources: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Cosine Communications Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 2 contracts
Sources: Warrant Agreement (Shaman Pharmaceuticals Inc), Warrant Agreement (Exelixis Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; providedPROVIDED, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 2 contracts
Sources: Warrant Agreement (Goldman Sachs Group Lp), Warrant Agreement (Pioneer Venture Fund)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder Holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Registrable Securities) to which the holder Holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; providedPROVIDED, that the failure of the holder Holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 2 contracts
Sources: Warrant Agreement (Exelixis Inc), Warrant Agreement (Exelixis Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all . All of the obligations of the Company relating to the Shares, or the Company's Common Stock issuable upon the exercise or conversion of this Warrant thereof, shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares in accordance with Section 9) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Agreement (Skydesk Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Common. Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Binding Effect on Successors. This Warrant shall be binding upon ----------------------------- any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.--------
Appears in 1 contract
Sources: Warrant Agreement (Video Update Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all . All of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant Shares shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares in accordance with the Registration Rights Agreement) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Note and Warrant Purchase Agreement (Digital Lightwave Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Agreement (Tanox Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any nay such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Agreement (Epix Medical Inc)
Binding Effect on Successors. This Subject to Section 4.3, this Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's ’s assets, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder Holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Common Stock) to which the holder Holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder Holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 1 contract
Sources: Loan and Security Agreement (Emphasys Medical, Inc.)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock Series Preferred issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.of
Appears in 1 contract
Sources: Warrant Agreement (Exelixis Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant Shares shall survive the exercise, conversion exercise and termination of this Warrant Warrant, and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof, except as otherwise set forth herein. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, provided that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Agreement (Avp Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all . All of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns assign of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Common Stock) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 1 contract
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or consolidation, acquisition of all or substantially all of the Company's assets, and all assets or otherwise. All of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant Shares shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares in accordance with Appendix II) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Purchase Agreement (Venturi Technologies Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company willshall, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; providedPROVIDED, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Agreement (Integrated Packaging Assembly Corp)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's Companys expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Registrable Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that PROVIDED THAT the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Agreement (Oregon Baking Co Dba Marsee Baking)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, Warrant in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Common Stock) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 1 contract
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's ’s assets, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns assign of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but and at the Company's Holder’s expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Common Stock) to which the holder Holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder Holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 1 contract
Sources: Loan and Security Agreement (Oculus Innovative Sciences, Inc.)
Binding Effect on Successors. This Warrant shall be binding upon any ---------------------------- corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the -------- failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.:
Appears in 1 contract
Sources: Warrant Agreement (Integrated Packaging Assembly Corp)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Registrable Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, provided that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns or assign of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Common Stock) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of to such rights.
Appears in 1 contract
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, ; in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's ’s assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder Holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights to which the holder Holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, however, that the failure of the holder Holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Agreement (Brookside Technology Holdings, Corp.)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's ’s assets, and all . All of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns assign of the holder Holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder Holder hereof but at the Company's ’s expense, acknowledge in writing its continuing obligation to the holder Holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Common Stock) to which the holder Holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder Holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.
Appears in 1 contract
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all . All of the obligations of the Company relating to the Shares, or the Company's Common Stock issuable upon the exercise or conversion of this Warrant thereof, shall survive the exercise, conversion exercise and termination of this Warrant and all All of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, will at the time of the exercise or conversion of this Warrant, Warrant in whole or in part, part upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares in accordance with Section 9) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this WarrantWarrant provided; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Agreement (Skydesk Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Agreement (Virologic Inc)
Binding Effect on Successors. This Warrant shall be binding ---------------------------- upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such -------- request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Agreement (Video Update Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Preferred Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights (including, without limitation, any right to registration of the shares of Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Binding Effect on Successors. This Warrant shall be binding upon ---------------------------- any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such -------- request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract
Sources: Warrant Agreement (Video Update Inc)
Binding Effect on Successors. This Warrant shall be binding upon any corporation person or entity succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof in respect of any rights to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this Warrant; provided, that the failure of the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.
Appears in 1 contract