Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 321 contracts
Sources: Credit Line Agreement (Max Sound Corp), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 126 contracts
Sources: Warrant Agreement (Odyssey Health, Inc.), Warrant Agreement (Odyssey Health, Inc.), Warrant Agreement (XCPCNL Business Services Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 116 contracts
Sources: Warrant Agreement (Mint Leasing Inc), Warrant Agreement (Mint Leasing Inc), Securities Purchase Agreement (American Water Star Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 94 contracts
Sources: Warrant Agreement (Metropolitan Health Networks Inc), Warrant Agreement (Metropolitan Health Networks Inc), Securities Purchase Agreement (Infinite Group Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 77 contracts
Sources: Warrant Agreement (Soligen Technologies Inc), Subscription Agreement (China Natural Resources Inc), Warrant Agreement (Sun New Media Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 54 contracts
Sources: Common Stock Purchase Warrant (Digital Angel Corp), Warrant Agreement (Digital Angel Corp), Warrant Agreement (Digital Angel Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 53 contracts
Sources: Warrant Agreement (Pervasip Corp), Common Stock Purchase Warrant (Bio Key International Inc), Warrant Agreement (Rentech Inc /Co/)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 39 contracts
Sources: Security Agreement (Deja Foods Inc), Warrant Agreement (American Mold Guard Inc), Warrant Agreement (Thinkpath Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 33.3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 17 contracts
Sources: Common Stock Purchase Warrant (Wealthhound Com Inc), Warrant Agreement (Wealthhound Com Inc), Common Stock Purchase Warrant (Wealthhound Com Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 14 contracts
Sources: Securities Agreement (SBS Interactive Co), Securities Agreement (SBS Interactive Co), Securities Agreement (SBS Interactive Co)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will then, upon exercise of this Warrant, the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 14 contracts
Sources: Warrant Agreement (Biodelivery Sciences International Inc), Warrant Agreement (CDC Iv LLC), Warrant Agreement (Biodelivery Sciences International Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 11 contracts
Sources: Warrant Agreement (Capsource Financial Inc), Warrant Agreement (Capsource Financial Inc), Warrant Agreement (Capsource Financial Inc)
Continuation of Terms. Upon any reorganization, consolidation, --------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 11 contracts
Sources: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 33.3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 10 contracts
Sources: Warrant Agreement (China Peregrine Food Corp), Common Stock Purchase Warrant (Frederick Brewing Co), Warrant Agreement (Frederick Brewing Co)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.22.2.
Appears in 10 contracts
Sources: Warrant Agreement (mCig, Inc.), Warrant Agreement (mCig, Inc.), Warrant Agreement (OBITX, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 10 contracts
Sources: Securities Purchase Agreement (Standard Management Corp), Common Stock Purchase Warrant (House of Brussels Chocolates Inc), Warrant Agreement (Earthfirst Technologies Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 35.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 46. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 35.3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.25.2.
Appears in 9 contracts
Sources: Common Stock Purchase Warrant (Snyder International Brewing Group LLC), Common Stock Purchase Warrant (Snyder International Brewing Group LLC), Restructuring Agreement (Snyder International Brewing Group LLC)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.22.2.
Appears in 9 contracts
Sources: Warrant Agreement (Dolphin Entertainment, Inc.), Warrant Agreement (Dolphin Entertainment, Inc.), Warrant Agreement (Dolphin Digital Media Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Trustee as contemplated by Section 3.2Holder.
Appears in 8 contracts
Sources: Warrant Agreement (General Devices Inc), Securities Purchase Agreement (General Devices Inc), Warrant Agreement (General Devices Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 8 contracts
Sources: Warrant Agreement (Digital Angel Corp), Warrant Agreement (Stockeryale Inc), Warrant Agreement (Stockeryale Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.24.2.
Appears in 8 contracts
Sources: Securities Purchase Agreement (Biovie Inc.), Warrant Agreement (Biovie Inc.), Warrant Agreement (Biovie Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant Option shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant Option after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant Option as provided in Section 4. In the event this Warrant Option does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Holders will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 8 contracts
Sources: Option Agreement (Island Pacific Inc), Stock Option Agreement (Island Pacific Inc), Option Agreement (Island Pacific Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.24.2.
Appears in 7 contracts
Sources: Warrant Agreement (United Energy Corp /Nv/), Common Stock Purchase Warrant (United Energy Corp /Nv/), Warrant Agreement (Pipeline Data Inc)
Continuation of Terms. Upon any reorganization, --------------------- consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 7 contracts
Sources: Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Subscription Agreement (Advanced Aerodynamics & Structures Inc/), Convertible Note (One Voice Technologies Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 6 contracts
Sources: Inducement Agreement (Capital Growth Systems Inc /Fl/), Inducement Agreement (Capital Growth Systems Inc /Fl/), Bridge Note Purchase Agreement (Capital Growth Systems Inc /Fl/)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.24.2.
Appears in 6 contracts
Sources: Warrant Agreement (Time America Inc), Warrant Agreement (Time America Inc), Common Stock Purchase Warrant (Time America Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the CompanyCorporation, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event If this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's Corporation’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 6 contracts
Sources: Warrant Agreement (Geopetro Resources Co), Warrant Agreement (Geopetro Resources Co), Warrant Agreement (Geopetro Resources Co)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Common Stock and Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 33.3, then only in such event will the Company's securities Other Securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 6 contracts
Sources: Purchase Agreement (Snyder International Brewing Group LLC), Common Stock Purchase Warrant (Snyder International Brewing Group LLC), Common Stock Purchase Warrant (Snyder International Brewing Group LLC)
Continuation of Terms. Upon any reorganization, consolidation, merger ---------------------- or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 6 contracts
Sources: Warrant Agreement (Imaging Technologies Corp/Ca), Warrant Agreement (Imaging Technologies Corp/Ca), Warrant Agreement (FTS Group, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 6 contracts
Sources: Warrant Agreement (Data Systems & Software Inc), Securities Purchase Agreement (Path 1 Network Technologies Inc), Securities Purchase Agreement (Data Systems & Software Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 5 contracts
Sources: Warrant Agreement (American Technologies Group Inc), Warrant Agreement (American Technologies Group Inc), Warrant Agreement (American Technologies Group Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43.1. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Trustee as contemplated by Section 3.2Holder.
Appears in 5 contracts
Sources: Securities Agreement (Latin America Ventures, Inc.), Securities Agreement (Latin America Ventures, Inc.), Securities Agreement (Latin America Ventures, Inc.)
Continuation of Terms. Upon any reorganization, ----------------------- consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 4 contracts
Sources: Warrant Agreement (Sequiam Corp), Warrant Agreement (Sequiam Corp), Warrant Agreement (Elinear Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 47. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 4 contracts
Sources: Common Stock Purchase Warrant (Continental Fuels, Inc.), Warrant Agreement (Continental Fuels, Inc.), Warrant Agreement (Heartland Oil & Gas Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 4 contracts
Sources: Warrant Agreement (Wowio, Inc.), Common Stock Purchase Warrant (Wowio, Inc.), Warrant Agreement (ESP Resources, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.23. 2.
Appears in 4 contracts
Sources: Common Stock Purchase Warrant (Stockeryale Inc), Warrant Agreement (Stockeryale Inc), Warrant Agreement (Stockeryale Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.22.2.
Appears in 4 contracts
Sources: Warrant Agreement (Sun Opportunity I Inc), Warrant Agreement (Sun Opportunity I Inc), Subscription Agreement (5 G Wireless Communications Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.1, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43.
1. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 33.1, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 4 contracts
Sources: Common Stock Purchase Warrant (Techedge Inc), Common Stock Purchase Warrant (Techedge Inc), Common Stock Purchase Warrant (Techedge Inc)
Continuation of Terms. Upon any reorganization, consolidation, ----------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 4 contracts
Sources: Warrant Agreement (New Century Energy Corp.), Warrant Agreement (New Century Energy Corp.), Warrant Agreement (New Century Energy Corp.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Trustee Holder as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Exclusive Oem & License Agreement (National Healthcare Technology Inc), Exclusive Oem & License Agreement (National Healthcare Technology Inc), Securities Purchase Agreement (Mitek Systems Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of this Warrant upon the Warrants exercise hereof, be delivered to the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Warrant Agreement (China Biopharma, Inc.), Warrant Agreement (China Biopharma, Inc.), Warrant Agreement (China Biopharma, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4hereunder. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Warrant Agreement (New Oriental Energy & Chemical Corp.), Warrant Agreement (New Oriental Energy & Chemical Corp.), Warrant Agreement (New Oriental Energy & Chemical Corp.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Warrant Agreement (Elinear Inc), Common Stock Purchase Warrant (Elinear Inc), Common Stock Purchase Warrant (Elinear Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer Warrant of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Warrant Agreement (Digital Recorders Inc), Warrant Agreement (Verso Technologies Inc), Warrant Agreement (Verso Technologies Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Warrant Agreement (Advance Nanotech, Inc.), Warrant Agreement (Advance Nanotech, Inc.), Warrant Agreement (Advance Nanotech, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants Holders will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Common Stock Purchase Warrant and Registration Rights Agreement Amendment (It&e International Group), Warrant Agreement (Conversion Services International Inc), Warrant Agreement (Micro Component Technology Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.24.2.
Appears in 3 contracts
Sources: Warrant Agreement (Transgenomic Inc), Warrant Agreement (Transgenomic Inc), Warrant Agreement (Transgenomic Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4Section. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Subscription Agreement (American Oriental Bioengineering Inc), Subscription Agreement (American Oriental Bioengineering Inc), Subscription Agreement (American Oriental Bioengineering Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Trustee Holder as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Warrant Agreement (Ad.Venture Partners, Inc.), Common Stock Purchase Warrant (180 Connect Inc.), Common Stock Purchase Warrant (180 Connect Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Subscription Agreement (P Com Inc), Warrant Agreement (P Com Inc), Warrant Agreement (P Com Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Warrant Agreement (Corgenix Medical Corp/Co), Warrant Agreement (Corgenix Medical Corp/Co), Common Stock Purchase Warrant (Corgenix Medical Corp/Co)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2Subsection 2.2.
Appears in 3 contracts
Sources: Common Stock Purchase Warrant (Astrata Group Inc), Warrant Agreement (Astrata Group Inc), Common Stock Purchase Warrant (Astrata Group Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the CompanyCorporation, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event If this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the CompanyCorporation's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Warrant Agreement (Pacific Energy Resources LTD), Warrant Agreement (Pacific Energy Resources LTD), Warrant Agreement (Pacific Energy Resources LTD)
Continuation of Terms. Upon any reorganization, consolidation, ----------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Warrant Agreement (Go Online Networks Corp), Common Stock Purchase Warrant (Go Online Networks Corp), Warrant Agreement (E Videotv Inc/De)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer in which cash proceeds (and any dissolution following any transfer) referred to in this Section 33 are distributed, either (i) in the event that this Warrant shall continue continues in full force and effect and effect, the terms hereof of this Warrant shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In 4 or (ii) in the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder under Section 3.1 or the Trustee as contemplated by Section 3.2.
Appears in 3 contracts
Sources: Warrant Agreement (Sten Corp), Warrant Agreement (Sten Corp), Warrant Agreement (Sten Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and Unsecured 35 effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Subscription Agreement (Mooney Aerospace Group LTD), Subscription Agreement (Mooney Aerospace Group LTD)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person or entity acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Sanswire Corp.), Warrant Agreement (Sanswire Corp.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Adb Systems International Inc), Warrant Agreement (Adb Systems International Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Holders will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Securities Purchase Agreement (It&e International Group), Common Stock Purchase Warrant (It&e International Group)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch shares or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Bos Better Online Solutions LTD), Warrant Agreement (Bos Better Online Solutions LTD)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 43.1. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (I2 Telecom International Inc), Warrant Agreement (I2 Telecom International Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (BTHC X Inc), Warrant Agreement (BTHC X Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Warrant be delivered to the Trustee a trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (QPC Lasers), Warrant Agreement (Zeros & Ones Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3Sections 4 and 5, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 34, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Registered Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.25.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (SUBAYE.COM, Inc.), Common Stock Purchase Warrant (SUBAYE.COM, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person Person acquiring all or substantially all of the properties or assets of the Company, whether or not such person Person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Fast Eddie Racing Stables Inc), Warrant Agreement (Fast Eddie Racing Stables Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Warrant will be delivered to the Trustee as contemplated by Section 3.2Holder.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (TRUEYOU.COM), Warrant Agreement (TRUEYOU.COM)
Continuation of Terms. Upon any reorganization, consolidation, --------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Subscription Agreement (BigString CORP), Warrant Agreement (Goldspring)
Continuation of Terms. Upon any reorganization, ---------------------- consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Family Room Entertainment Corp), Warrant Agreement (Family Room Entertainment Corp)
Continuation of Terms. Upon any reorganization, consolidation, --------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 33.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 33.3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Advanced Aerodynamics & Structures Inc/), Warrant Agreement (Advanced Aerodynamics & Structures Inc/)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 36, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 36, then only in such event will then, upon exercise of this Warrant, the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.26(b).
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (Disaster Preparedness Systems Inc.), Common Stock Purchase Warrant (Disaster Preparedness Systems Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.24.2.
Appears in 2 contracts
Sources: Warrant Agreement (Transgenomic Inc), Warrant Agreement (Transgenomic Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Pacific Energy Resources LTD), Warrant Agreement (Thomas Equipment, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person Person acquiring all or substantially all of the properties or assets of the Company, whether or not such person Person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Tidel Technologies Inc), Warrant Agreement (Tidel Technologies Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Right to Purchase Warrant Agreement (Acquired Sales Corp), Right to Purchase Warrant Agreement (Acquired Sales Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 38, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 49. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 38, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.28.2.
Appears in 2 contracts
Sources: Warrant Agreement (Pedevco Corp), Warrant Agreement (Pedevco Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfertransfer as provided in Section 3.1 or 3.2, as the case may be, and to the extent provided therein shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Airnet Communications Corp), Common Stock Purchase Warrant (Airnet Communications Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiesstock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3Section3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Note Purchase Agreement (Critical Home Care Inc), Note Purchase Agreement (Critical Home Care Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants be delivered to the Trustee as contemplated by Section 3.22.2.
Appears in 2 contracts
Sources: Warrant Agreement (Hypertension Diagnostics Inc /Mn), Subscription Agreement (Hypertension Diagnostics Inc /Mn)
Continuation of Terms. Upon any reorganization, ----------------------- consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Amnis Systems Inc), Common Stock Purchase Warrant (Amnis Systems Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any or dissolution following any transfer) transfer referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Powercold Corp), Warrant Agreement (Powercold Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section SECTION 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the CompanyCorporation, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section SECTION 4. In the event If this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section SECTION 3, then only in such event will the CompanyCorporation's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section SECTION 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Pacific Energy Resources LTD), Warrant Agreement (Pacific Energy Resources LTD)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (BigString CORP), Warrant Agreement (BigString CORP)
Continuation of Terms. Upon any reorganization, consolidation, --------------------- merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to Holder or the Trustee as contemplated by Section 3.2.
Appears in 2 contracts
Sources: Warrant Agreement (Elec Communications Corp), Warrant Agreement (Elec Communications Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of off this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person Person acquiring all or substantially all of the properties or assets of the Company, whether or not such person Person shall have expressly assumed the terms of this Warrant as provided in Section 4Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant be delivered to the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Strategy International Insurance Group Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of transfer or dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.. EXECUTION COPY
Appears in 1 contract
Sources: Warrant Agreement (Brainstorm Cell Therapeutics Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4herein. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.22.3.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 34, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 44.1. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 34, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants Warrant be delivered to the Trustee as contemplated by Section 3.24.2.
Appears in 1 contract
Sources: Warrant Agreement (Sionix Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 33.3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 33.3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Sources: Convertible Note Purchase Agreement (Advanced Optics Electronics Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3SECTION 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the CompanyCorporation, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4SECTION 5. In the event If this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3SECTION 4, then only in such event will the CompanyCorporation's securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.2SECTION 4.2.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer Capital Reorganization (and any dissolution following any transfer) referred to in this Section 3Article 2, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger Capital Reorganization or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 45. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3Article 2, then only in such event will then, upon exercise of this Warrant, the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants this Warrant will be delivered to the Holder or the Trustee as contemplated by Section 3.22.3.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Cyclone Power Technologies Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the CompanyParent, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the CompanyParent's securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or --------------------- transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Sources: Warrant Agreement (Rocketinfo Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant Option shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant Option after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant Option as provided in Section 4. In the event this Warrant Option does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants Holders will be delivered to Holder or the Trustee as contemplated by Section (3.2.)
Appears in 1 contract
Sources: Option Agreement (Epixtar Corp)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.. Warrant 4
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder holders of the Warrants be delivered to the Trustee as contemplated by Section 3.2Warrant.
Appears in 1 contract
Sources: Warrant Agreement (Lmic Inc)
Continuation of Terms. Upon any reorganization, ----------------------- consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 47. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Neptune Industries, Inc.)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Holder or the Trustee as contemplated by Section 3.2.
Appears in 1 contract
Sources: Warrant Agreement (Eugene Science)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder Holders of the Warrants Warrant will be delivered to the Trustee as contemplated by Section 3.2Holder.
Appears in 1 contract
Sources: Warrant Agreement (Global Payment Technologies Inc)
Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 32, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in this Section 42. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 32, then only in such event will the Company's ’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2Sub-section 2.2.
Appears in 1 contract