Common use of Binding Effect on Successors Clause in Contracts

Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger or consolidation, and all of the obligations of the Company relating to the Shares issuable upon the exercise of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 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 issuable upon exercise of this Warrant) to which the holder hereof shall continue to been titled after such exercise 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.

Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets, and all of the obligations of the Company set forth in Section 8 hereof and the rights, preferences and privileges set forth in the Charter relating to the Shares Series Preferred issuable upon the exercise or conversion of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 issuable upon exercise of this WarrantShares) to which the holder hereof shall continue to been titled 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.

Binding Effect on Successors. This Warrant shall be binding upon ---------------------------- any corporation succeeding the Company by merger or consolidation, and all of the obligations of the Company relating to the Shares issuable upon the exercise of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 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 issuable upon exercise of this Warrant) to which the holder hereof shall continue to been titled after such exercise 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.

Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger or consolidation, and all of the obligations of the Company relating to the Shares issuable upon the exercise of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 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 issuable upon exercise of this WarrantConversion Shares) to which the holder hereof shall continue to been titled be entitled after such exercise 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.

Binding Effect on Successors. This Warrant shall be binding upon any ---------------------------- corporation succeeding the Company by merger merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares Series Preferred issuable upon the exercise or conversion of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments of the Company shall inure to the benefit of 6f 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 issuable upon exercise shares of this Warrant) Registrable Securities to which the holder hereof shall continue to been titled 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.

Binding Effect on Successors. This The terms and provisions of this ---------------------------- Warrant shall be binding upon any corporation succeeding the Company by merger or consolidation, and all the Investor and their respective successors and assigns. All of the obligations of the Company parties relating to the Shares Common Stock issuable upon the exercise of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments of the Company each party relating thereto shall inure to the benefit of the successors and assigns of the holder hereofother. The Company will, at the time of the exercise 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 issuable upon exercise shares of this WarrantRegistrable Securities) to which the holder hereof shall continue to been titled be entitled after such exercise 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.

Binding Effect on Successors. This Warrant shall be binding upon ---------------------------- any corporation succeeding the Company by merger merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares Common Stock issuable upon the exercise of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments of the Company shall inure to the benefit of the successors and assigns of the holder hereof. The Company company will, at the time of the exercise 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 issuable upon exercise shares of this WarrantRegistrable Securities) to which the holder hereof shall continue to been titled be entitled after such exercise 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.

Binding Effect on Successors. This Warrant shall be binding upon any ---------------------------- corporation succeeding the Company by merger merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares Series Preferred issuable upon the exercise or conversion of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments of the Company shall inure to the benefit of the successors and assigns of the holder hereof. 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 issuable upon exercise shares of this Warrant) Registrable Securities to which the holder hereof shall continue to been titled 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.

Binding Effect on Successors. This Warrant shall be binding upon any ---------------------------- corporation succeeding the Company by merger or consolidation, and all of the obligations of the Company relating to the Shares issuable upon the exercise of this Warrant shall be as set forth in the Company's Charter Certificate of Incorporation and the Company's by-laws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 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 issuable upon exercise of this Warrant) to which the holder hereof shall continue to been titled be entitled after such exercise 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.

Binding Effect on Successors. This Until the issuance of any new warrant required to be issued under SECTION 3(A), this Warrant shall be binding upon any corporation succeeding that issues securities in exchange for securities of the Company by merger class issuable upon exercise of this Warrant in connection with any merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares issuable upon the exercise or conversion of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 issuable upon exercise of this Warrant) to which the holder hereof shall continue to been titled 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.

Binding Effect on Successors. This Warrant shall be binding upon any corporation entity succeeding the Company by merger merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Warrant Shares issuable upon the exercise of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments of the Company shall inure to the benefit of the successors and permitted 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 hereof, but at the Company's expense, acknowledge in writing its continuing obligation to the holder hereof Holder in respect of any rights (including, without limitation, any right to registration of the Shares issuable upon exercise of this WarrantWarrant Shares) to which the holder hereof shall continue to been titled be entitled after such exercise or conversion in accordance with this Warrantwarrant; 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 in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding upon any ---------------------------- corporation succeeding the Company by merger or consolidation, and all of the obligations of the Company relating to the Shares issuable upon the exercise of this Warrant shall be as set forth in the Company's Charter Articles of Incorporation and the Company's by-laws Bylaws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 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 issuable upon exercise of this Warrant) to which the holder hereof shall continue to been titled be entitled after such exercise 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.

Binding Effect on Successors. This Warrant shall be binding upon ---------------------------- any corporation succeeding the Company by merger merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares Common Stock issuable upon the exercise of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 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 issuable upon exercise shares of this WarrantRegistrable Securities) to which the holder hereof shall continue to been titled be entitled after such exercise 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.

Binding Effect on Successors. This Warrant shall be binding upon any ---------------------------- corporation succeeding the Company by merger merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets (to the extent provided in Section 4), and all of the obligations of the Company relating to the Shares Common Stock issuable upon the exercise or conversion of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise exercise, conversion, and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 issuable upon exercise shares of this WarrantRegistrable Securities) to which the holder hereof shall continue to been titled 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 company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Subject to the provisions of Section ---------------------------- 8.2, this Warrant shall be binding upon any corporation succeeding the Company by merger or consolidation, and all of the obligations of the Company relating to the Warrant Shares issuable upon the exercise of this Warrant shall be as set forth in the Conversion Agreement, the Company's Charter and the Company's by-by- laws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 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 issuable upon exercise of this WarrantWarrant Shares) to which the holder hereof shall continue to been titled be entitled after such exercise 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.

Binding Effect on Successors. This Warrant shall be binding upon ---------------------------- any corporation succeeding the Company by merger merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares Series Preferred issuable upon the exercise or conversion of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 issuable upon exercise of this WarrantShares) to which the holder hereof shall continue to been titled 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.

Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares Common Stock issuable upon the exercise or conversion of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 issuable upon exercise of this WarrantShares) to which the holder hereof shall continue to been titled 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. This Warrant is assignable by the holder of this Warrant with the consent of the Company, which consent shall not be unreasonably withheld or delayed.

Binding Effect on Successors. This Except as provided under Section 1, ---------------------------- this Warrant shall be binding upon any corporation succeeding the Company by merger merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares issuable upon the exercise or conversion of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 issuable upon exercise of this WarrantShares) to which the holder hereof shall continue to been titled 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.

Binding Effect on Successors. This Warrant shall be binding ---------------------------- upon any corporation succeeding the Company by merger merger, consolidation or consolidationacquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares Common Stock issuable upon the exercise or conversion of this Warrant shall be as set forth in the Company's Charter and the Company's by-laws (each as amended from time to time) and shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments 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 issuable upon exercise of this WarrantShares) to which the holder hereof shall continue to been titled 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.