Binding Effect on Successors. This Warrant shall be binding upon any Person succeeding the Company by merger or consolidation or acquisition of all or substantially all of the Company's assets (to the extent provided in Section 5), and all of the obligations of the Company relating to the Exercise Shares shall survive the exercise 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. The covenants and agreements of the Holder of this Warrant and the Exercise Shares shall be binding upon the Holder's successors and assigns.
Appears in 7 contracts
Sources: Warrant Agreement (World Airways Inc /De/), Warrant Agreement (World Airways Inc /De/), Warrant Agreement (World Airways Inc /De/)
Binding Effect on Successors. This Subject to the provisions of Article 1.6 hereof, this Warrant shall be binding upon any Person entity succeeding the Company by merger or merger, consolidation or acquisition of all or substantially all of the Company's assets (to the extent provided in Section 5)’s assets, and all of the obligations of the Company relating to the Exercise Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise or conversion 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. The covenants and agreements of the Holder of this Warrant and the Exercise Shares shall be binding upon the Holder's successors and assigns.
Appears in 2 contracts
Sources: Warrant Agreement (ARYx Therapeutics, Inc.), Warrant Agreement (Anesiva, Inc.)