Common use of Combination; Liquidation Clause in Contracts

Combination; Liquidation. (a) Except as provided in Section 4.05(b), in the event of a Combination, each Holder shall have the right to receive upon exercise of the Warrants the kind and amount of shares of Capital Stock or other securities or property which such Holder would have been entitled to receive upon completion of or as a result of such Combination had such Warrant been exercised immediately prior to such event or to the relevant record date for any such entitlement. Unless paragraph (b) is applicable to a Combination, the Company shall provide that the surviving or acquiring Person (the “Successor Company”) in such Combination will enter into an agreement with the Warrant Agent confirming the Holders’ rights pursuant to this Section 4.05(a) and providing for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.05(a) shall similarly apply to successive Combinations involving any Successor Company.

Appears in 3 contracts

Samples: Warrant Agreement (Alion Science & Technology Corp), Warrant Agreement (Cypress Sharpridge Investments, Inc.), Form of Warrant Agreement (Wci Communities Inc)

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Combination; Liquidation. (a) Except as provided in Section 4.05(b), in the event of a Combination, each Holder shall have the right to receive upon exercise of the Warrants the kind and amount of shares of Capital Stock or other securities or property which such Holder would have been entitled to receive upon completion of or as a result of such Combination had such Warrant been exercised immediately prior to such event or to the relevant record date for any such entitlement. Unless paragraph (b) is applicable to a Combination, the Company shall provide that the surviving or acquiring Person (the "Successor Company") in such Combination will enter into an agreement with the Warrant Agent confirming the Holders' rights pursuant to this Section 4.05(a) and providing for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.05(a) shall similarly apply to successive Combinations involving any Successor Company.

Appears in 3 contracts

Samples: Warrant Agreement (Mediq Inc), Option Agreement (Intersil Corp), Warrant Agreement (Travelcenters Realty Inc)

Combination; Liquidation. (a) Except as provided in ------------------------- Section 4.05(b5.08(b), in the event of a Combination, each Holder the Holders shall have the right to receive upon exercise of the Warrants the kind and amount such number of shares of Capital Stock or other securities or property which such Holder would have been entitled to receive upon completion of or as a result of such Combination had such Warrant been exercised immediately prior to such event or to the relevant record date for any such entitlement. Unless paragraph (b) is applicable to a Combination, the Company shall provide that the surviving or acquiring Person (the "Successor Company") in such Combination will enter into an agreement with the Warrant Agent confirming the Holders' rights pursuant to this Section 4.05(a5.08(a) and providing for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. V. The provisions of this Section 4.05(a5.08(a) shall similarly apply to successive Combinations involving any Successor Company.

Appears in 1 contract

Samples: Warrant Agreement (Chirex Inc)

Combination; Liquidation. (a) Except as provided in Section 4.05(b), in the event of a Combination, each Holder shall have the right to receive upon exercise of the Warrants the kind and amount of shares of Capital Stock or other securities or property which such Holder would have been entitled to receive upon completion of or as a result of such Combination had such Warrant been exercised immediately prior to such event or to the relevant record date for any such entitlement. Unless paragraph (b) is applicable to a Combination, the Company shall provide that the surviving or acquiring Person (the “Successor Company”) in such Combination will enter into an agreement with the Initial Warrant Agent Holder confirming the Holders’ rights pursuant to this Section 4.05(a) and providing for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.05(a) shall similarly apply to successive Combinations involving any Successor Company.

Appears in 1 contract

Samples: Warrant Agreement (Ener1 Inc)

Combination; Liquidation. (a) Except as provided in Section 4.05(b), in the event of a Combination, each Holder shall have the right to receive upon exercise of the Warrants the kind and amount of shares of Capital Stock or other securities or property which such Holder would have been entitled to receive upon completion of or as a result of such Combination had such Warrant Warrants been exercised immediately prior to such event or to the relevant record date for any such entitlement. Unless paragraph (b) is applicable to a Combination, the Company shall provide that the surviving or acquiring Person (the “Successor Company”) in such Combination will enter into an agreement with the Warrant Agent confirming the Holders’ rights pursuant to this Section 4.05(a) and providing for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.05(a) shall similarly apply to successive Combinations involving any Successor Company.

Appears in 1 contract

Samples: Warrant Agreement (Cypress Sharpridge Investments, Inc.)

Combination; Liquidation. (a) Except as provided in Section 4.05(b------------------------ ------- 5.04(b), in the event of a Combination, each Holder the Holders shall have the right to ------- receive upon exercise of the Warrants the kind and amount such number of shares of Capital Stock capital stock or other securities or property which such Holder would have been entitled to receive upon completion of or as a result of such Combination had such Warrant been exercised immediately prior to such event or to the relevant record date for any such entitlementevent. Unless paragraph clause (b) below is applicable to a ---------- Combination, the Company shall provide that the surviving or acquiring Person (the "Successor Company") in such Combination will enter into an agreement with ----------------- the Warrant Agent Holders confirming the Holders' rights pursuant to this Section 4.05(a5.04(a) and --------------- providing for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article IV5. The provisions of --------- this Section 4.05(a5.04(a) shall similarly apply to successive Combinations involving --------------- any Successor Company.

Appears in 1 contract

Samples: Warrant Agreement (Ameriking Inc)

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Combination; Liquidation. (a) Except as provided in ------------------------ Section 4.05(b4.4(b), in the event of a Combination, each Holder the Holders shall have the right to receive upon exercise of the Warrants the kind and amount such number of shares of Capital Stock capital stock or other securities or property which such Holder would have been entitled to receive upon completion of or as a result of such Combination had such Warrant been exercised immediately prior to such event or to the relevant record date for any such entitlementevent. Unless paragraph (b) is applicable to a CombinationCombination or in the event the Corporate Change is consummated, the Company shall provide that the surviving or acquiring Person (the "Successor Company") in such Combination or Corporate Change will enter into an agreement with the Warrant Agent confirming the Holders' rights pursuant to this Section 4.05(a) Agreement and providing for adjustments, which shall be as nearly equivalent equiv- alent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.05(a4.4(a) shall similarly apply to successive Combinations involving any Successor Company.

Appears in 1 contract

Samples: Warrant Agreement (Price Communications Corp)

Combination; Liquidation. (a) Except as provided in Section 4.05(b4.04(b), in the event of a Combination, each Holder shall have the right to receive upon exercise of the Warrants the kind and amount of shares of Capital Stock or other securities or property which such Holder would have been entitled to receive upon completion of or as a result of such Combination had such Warrant Warrants been exercised immediately prior to such event or to the relevant record date for any such entitlement. Unless paragraph (b) is applicable to a Combination, the Company shall provide that the surviving or acquiring Person (the “Successor Company”) in such Combination will enter into an agreement with the Warrant Agent confirming the Holders’ rights pursuant to this Section 4.05(a4.04(a) and providing for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.05(a4.04(a) shall similarly apply to successive Combinations involving any Successor Company.

Appears in 1 contract

Samples: Warrant Agreement (Orchid Island Capital, Inc.)

Combination; Liquidation. (a) Except as provided in Section 4.05(b), in the event of a Combination, each Holder the Holders shall have the right to receive upon exercise of the Warrants the kind and amount such number of shares of Capital Stock or other securities or property which such Holder would have been entitled to receive upon completion of or as a result of such Combination had such Warrant been exercised immediately prior to such event or to the relevant record date for any such entitlement. Unless paragraph (b) is applicable to a Combination, the Company shall provide that the surviving or acquiring Person (the "Successor Company") in such Combination will enter into an agreement with the Warrant Agent confirming the Holders' rights pursuant to this Section 4.05(a) and providing for adjustments, which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article IV. The provisions of this Section 4.05(a) shall similarly apply to successive Combinations involving any Successor Company.

Appears in 1 contract

Samples: Warrant Agreement (Millenium Seacarriers Inc)

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