Parent Warrant. If required by any applicable Parent Warrant, promptly after the date of this Agreement, and in any event within the time period as set forth in the Parent Warrant, Parent shall deliver notice to the holders of such Parent Warrants with respect to the transactions contemplated by this Agreement and the rights of the holders thereof in connection therewith, subject to the review and approval of Company (not to be unreasonably withheld). At the First Effective Time, each Parent Warrant that is outstanding and unexercised immediately prior to the First Effective Time, shall survive the Closing and remain outstanding in accordance with its terms; provided, however, that the holder of any such Parent Warrant which remains outstanding following Closing may elect to require Parent to pay such holder cash in exchange for the termination of the remaining unexercised portion of such Parent Warrant (the amount of any such payment, a “Parent Warrant Termination Fee”) if contemplated by the terms of such Parent Warrant.
Appears in 2 contracts
Sources: Agreement and Plan of Merger and Reorganization (Pulmatrix, Inc.), Merger Agreement (Pulmatrix, Inc.)