Common use of Binding Effect on Successors Clause in Contracts

Binding Effect on Successors. This Warrant shall be binding upon any 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 Preferred 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 assigns of the Holder. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder but at the Company’s expense, acknowledge in writing its continuing obligation to the Holder in respect of any rights (including, without limitation, any right to registration of the Shares pursuant to Section 9 above) to which the Holder shall continue to be entitled after such exercise in accordance with this Warrant; provided that the failure of the Holder to make any such request shall not affect the continuing obligation of the Company to the Holder in respect of such rights.

Appears in 2 contracts

Samples: Rights Agreement (Tessera Technologies Inc), Tessera Technologies Inc

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Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company’s 's assets, and all . All of the obligations of the Company relating to the Preferred shares of Common Stock issuable issued 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 successors and assigns of the HolderHolder hereof. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder but at the Company’s expensehereof, acknowledge in writing its continuing obligation to the Holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares pursuant to Section 9 above) to which the Holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; 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 hereof in respect of such rights.

Appears in 2 contracts

Samples: Us Search Corp Com, Us Search Corp Com

Binding Effect on Successors. This Warrant shall be binding upon any ---------------------------- corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company’s 's assets, and all . All of the obligations of the Company relating to the Preferred shares of Common Stock issuable issued 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 successors and assigns of the HolderHolder hereof. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder but at the Company’s expensehereof, acknowledge in writing its continuing obligation to the Holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares pursuant to Section 9 above) to which the Holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; 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 hereof in respect of such rights.

Appears in 1 contract

Samples: Us Search Corp Com

Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company’s 's assets, and all . All of the obligations of the Company relating to the Preferred Common 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 successors and assigns assign of the Holderholder hereof. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder hereof but at the Company’s '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 Shares pursuant to Section 9 aboveshares of Common Stock) to which the Holder holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided provided, that the failure of the Holder to make any such request shall not affect the continuing obligation of the Company to the Holder in respect of such rights.holder hereof to

Appears in 1 contract

Samples: Loan Agreement (Digital Generation Systems Inc)

Binding Effect on Successors. This Warrant shall be binding upon any corporation entity succeeding the Company by mergerconversion, 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 Preferred Stock Shares issuable upon the exercise of this Warrant 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 assigns of the Holder. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder but at the Company’s 's expense, acknowledge in writing its continuing obligation to the Holder in respect of to any rights (including, without limitation, any right to registration of the Shares pursuant to Section 9 above) to which the Holder shall continue to be entitled after such exercise in accordance with this Warrant; provided provided, that the failure of the Holder to make any such request shall not affect the continuing obligation of the Company to the Holder in respect of such rights.

Appears in 1 contract

Samples: Cubic Energy Inc

Binding Effect on Successors. This Warrant shall be binding upon any 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 Preferred Common 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 successors and assigns of the HolderHolder hereof. The Company will, at the time of the exercise 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 the Holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares pursuant to Section 9 aboveshares of Common Stock) to which the Holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided 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 hereof in respect of such rights.

Appears in 1 contract

Samples: Foreclosure Sale Agreement (MultiCell Technologies, Inc.)

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Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company’s 's assets, and all of the obligations of the Company relating to the Preferred Stock issuable upon the exercise of this Warrant Shares 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 assigns of the Holderholder hereof. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder holder hereof but at the Company’s 's expense, acknowledge in writing its continuing obligation to the Holder holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares pursuant to Section 9 above) to which the Holder holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided provided, that the failure of the Holder 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Versata Inc)

Binding Effect on Successors. This Warrant shall be binding upon any 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 New Preferred 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 assigns of the Holder. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder but at the Company’s expense, acknowledge in writing its continuing obligation to the Holder in respect of any rights (including, without limitation, any right to registration of the Shares pursuant to Section 9 above) to which the Holder shall continue to be entitled after such exercise in accordance with this Warrant; provided that the failure of the Holder to make any such request shall not affect the continuing obligation of the Company to the Holder in respect of such rights.

Appears in 1 contract

Samples: Tessera Technologies Inc

Binding Effect on Successors. This Warrant shall be binding upon any corporation entity succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company’s 's assets, and all of the obligations of the Company relating to the Preferred Stock issuable upon the exercise of this Warrant Shares 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 assigns of the Holderholder hereof. The Company will, at the time of the exercise of this Warrant, in whole or in part, upon request of the Holder holder hereof but at the Company’s 's expense, acknowledge in writing its continuing obligation to the Holder holder hereof in respect of any rights (including, without limitation, any right to registration of the Shares pursuant to Section 9 above) to which the Holder holder hereof shall continue to be entitled after such exercise in accordance with this Warrant; provided provided, that the failure of the Holder 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.

Appears in 1 contract

Samples: ORBCOMM Inc.

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