Preservation of Purchase Rights in Certain Transactions. In case of any reclassification, capital reorganization or other change of outstanding shares of Common Stock (other than a subdivision or combination of the outstanding Common Stock and other than a change in the par value of the Common Stock) or in case of any consolidation or merger of the Company with or into another corporation (other than a merger with a subsidiary in which the Company is the continuing corporation and that does not result in any reclassification, capital reorganization or other change of outstanding shares of Common Stock of the class issuable upon exercise of this Warrant) or in the case of any sale, lease, transfer or conveyance to another corporation of the property and assets of the Company as an entirety or substantially as an entirety, this Warrant shall become exercisable on the record date for such event, if this Warrant was not previously exercisable. If this Warrant is not exercised on or prior to the consummation of any such event, then this Warrant shall terminate, if notice of such event was properly given pursuant to Section 5 of this Agreement.
Appears in 2 contracts
Sources: Security Agreement (Willdan Group, Inc.), Security Agreement (Willdan Group, Inc.)
Preservation of Purchase Rights in Certain Transactions. In case of any reclassification, capital reorganization or other change of outstanding shares of Common Stock (other than a subdivision or combination of the outstanding Common Stock and other than a change in the par value of the Common Stock) or in case of any consolidation or merger of the Company with or into another corporation (other than a merger with a subsidiary in which the Company is the continuing corporation and that does not result in any reclassification, capital reorganization or other change of outstanding shares of Common Stock of the class issuable upon exercise of this Warrant) or in the case of any sale, lease, transfer or conveyance to another corporation or entity of the property and assets of the Company as an entirety or substantially as an entirety, this Warrant shall become exercisable on the record date for such event, if this Warrant was not previously exercisable. If this Warrant is not exercised on or prior to the consummation of any such event, then this Warrant shall terminate, if notice of such event was properly given pursuant to Section 5 of this Agreement.any
Appears in 1 contract
Sources: Warrant Agreement (Superconductor Technologies Inc)