Conditional Exercise. Notwithstanding any other provision hereof, if an exercise of this Warrant is to be made in connection with an Acquisition, such exercise may at the election of Holder be conditioned upon the consummation of such Acquisition, in which case such exercise shall not be deemed to be effective until immediately prior to the consummation of such Acquisition.
Appears in 4 contracts
Samples: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.), Biodelivery Sciences International Inc, Navidea Biopharmaceuticals, Inc.
Conditional Exercise. Notwithstanding any other provision hereofof this Warrant, if an exercise of any portion of this Warrant is to be made in connection with an Acquisitiona Change of Control, such exercise may at the election of the Holder be conditioned upon the consummation of such Acquisitiontransaction, in which case such exercise shall not be deemed to be effective until immediately prior to the consummation of such Acquisition.transaction. 1.6
Appears in 3 contracts
Samples: Better Choice Co Inc., Better Choice Co Inc., Better Choice Co Inc.
Conditional Exercise. Notwithstanding any other provision hereof, if an exercise of this Warrant is to be made in connection with an Acquisition, such exercise may at the election of Holder be conditioned upon the consummation of such Acquisition, in which case such exercise shall not be deemed to be effective until immediately prior to the consummation of such the Acquisition.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Navidea Biopharmaceuticals, Inc.), Navidea Biopharmaceuticals, Inc., Navidea Biopharmaceuticals, Inc.
Conditional Exercise. Notwithstanding any other provision hereof, if an exercise of any portion of this Warrant is to be made in connection with an Acquisitiona Change of Control, such exercise may at the election of the Holder be conditioned upon the consummation of such Acquisitiontransaction, in which case such exercise shall not be deemed to be effective until immediately prior to the consummation of such Acquisitiontransaction.
Appears in 1 contract
Samples: Credit Agreement and Guaranty and Revenue Interest Financing Agreement (Impel Pharmaceuticals Inc)
Conditional Exercise. Notwithstanding any other provision hereofhereon, if an exercise or conversion of this Warrant is to be made in connection with an Acquisition, such exercise may at the election of Holder be conditioned upon the consummation of such Acquisitiontransaction, in which case such exercise shall not be deemed to be effective until immediately prior to the consummation of such Acquisitiontransaction.
Appears in 1 contract
Samples: Anthera Pharmaceuticals Inc
Conditional Exercise. Notwithstanding any other provision hereof, if an exercise of any portion of this Warrant is to be made in connection with an Acquisitiona Change in Control, such exercise may at the election of the Holder be conditioned upon the consummation of such AcquisitionChange in Control, in which case such exercise shall not be deemed to be effective until immediately prior to the consummation of such Acquisitiontransaction.
Appears in 1 contract
Samples: First Internet Bancorp
