Common use of Binding Effect on Successors Clause in Contracts

Binding Effect on Successors. This Warrant shall be binding upon any entity succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Warrant Shares issuable upon the exercise of this Warrant shall survive the exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, but at the Company's expense, acknowledge in writing its continuing obligation to Holder in respect of any rights (including, without limitation, any right to registration of the Warrant Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrant; provided, that the failure of Holder to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding upon any entity corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Warrant Shares Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Sharesshares of Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of Holder the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding upon any entity ---------------------------- corporation succeeding the Company by merger, consolidation merger or acquisition of all or substantially all of the Company's assetsconsolidation, and all of the obligations of the Company relating to the Warrant Shares issuable upon the exercise of this Warrant shall be as set forth in the Company's Certificate of Incorporation and the Company's by-laws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of Holder the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Until the issuance of any new warrant required to be issued under SECTION 3(A), this Warrant shall be binding upon any entity succeeding corporation that issues securities in exchange for securities of the Company by class issuable upon exercise of this Warrant in connection with any merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Warrant Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of Holder the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding upon ---------------------------- any entity corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Warrant Shares Common Stock issuable upon the exercise of this Warrant shall survive the exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. The Company company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Sharesshares of Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of Holder the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding upon any entity ---------------------------- corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assetsassets (to the extent provided in Section 4), and all of the obligations of the Company relating to the Warrant Shares Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise exercise, conversion, and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Sharesshares of Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of Holder the -------- holder hereof to make any such request shall not affect the continuing obligation of the Company company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding upon any entity ---------------------------- corporation succeeding the Company by merger, consolidation merger or acquisition of all or substantially all of the Company's assetsconsolidation, and all of the obligations of the Company relating to the Warrant Shares issuable upon the exercise of this Warrant shall be as set forth in the Company's Articles of Incorporation and the Company's Bylaws (each as amended from time to time) and shall survive the exercise and termination of this Warrant and all of the covenants and agreements herein and in such other documents and instruments of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure -------- of Holder the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding upon ---------------------------- any entity corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Warrant Shares Series Preferred issuable upon the exercise or conversion of this Warrant shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of Holder the holder hereof to make any such request shall -------- not affect the continuing obligation of the Company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding upon any entity ---------------------------- corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all . All of the obligations of the Company relating to the Warrant Shares Preferred Stock issuable upon the exercise of this Warrant shall survive the exercise and termination of this Warrant and all Warrant. All of the covenants and agreements of the Company shall inure to the benefit of the permitted successors and permitted assigns of the holder Holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, Holder hereof but at the Company's expense, acknowledge in writing its continuing obligation to the Holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Sharesshares of Common Stock) to which the holder Holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of the Holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder Holder hereof in respect of such rights.

Binding Effect on Successors. This Except as provided under Section 1, ---------------------------- this Warrant shall be binding upon any entity corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Warrant Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of Holder the holder hereof to -------- make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding ---------------------------- upon any entity corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Warrant Shares Common Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Shares) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of Holder the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding upon any entity ---------------------------- corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Warrant Shares Series Preferred issuable upon the exercise or conversion of this Warrant shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. hereof The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Shares) shares of Registrable Securities to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of Holder the holder hereof to -------- make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding upon ---------------------------- any entity corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Warrant Shares Common Stock issuable upon the exercise of this Warrant shall survive the exercise and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and permitted assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Sharesshares of Registrable Securities) to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of Holder the holder hereof to make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.

Binding Effect on Successors. This Warrant shall be binding upon any entity ---------------------------- corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Warrant Shares Series Preferred issuable upon the exercise or conversion of this Warrant shall survive the exercise exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of 6f the successors and permitted assigns of the holder hereof. The Company will, at the time of the exercise or conversion of this Warrant, in whole or in part, upon request of the holder hereof, hereof but at the Company's expense, acknowledge in writing its continuing obligation to Holder the holder hereof in respect of any rights (including, without limitation, any right to registration of the Warrant Shares) shares of Registrable Securities to which the holder hereof shall continue to be entitled after such exercise or conversion in accordance with this warrantWarrant; provided, that the failure of Holder the holder hereof to -------- make any such request shall not affect the continuing obligation of the Company to the holder hereof in respect of such rights.