Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”).
Appears in 6 contracts
Samples: Equity Distribution Agreement (EnerJex Resources, Inc.), Equity Distribution Agreement (Lotus Pharmaceuticals, Inc.), Equity Distribution Agreement (Digital Angel Corp)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereofInvestor, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”)) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof.
Appears in 6 contracts
Samples: Equity Distribution Agreement (Bos Better Online Solutions LTD), Equity Distribution Agreement (Bos Better Online Solutions LTD), Equity Distribution Agreement (Bos Better Online Solutions LTD)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereofits terms, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”)) unless the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such shares of stock and/or securities as the Investor is entitled to receive pursuant to this Agreement.
Appears in 3 contracts
Samples: Standby Equity Distribution Agreement (Alon USA Energy, Inc.), Equity Distribution Agreement (Advanced Life Sciences Holdings, Inc.), Equity Distribution Agreement (Entremed Inc)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 2.01(e) hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”).
Appears in 3 contracts
Samples: Equity Purchase Agreement (Tower Semiconductor LTD), Standby Equity Purchase Agreement (Tower Semiconductor LTD), Equity Purchase Agreement (Tower Semiconductor LTD)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 2.03 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”)) unless the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such shares of stock and/or securities as the Investor is entitled to receive pursuant to such Advance Notice.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Rxi Pharmaceuticals Corp), Equity Distribution Agreement (Supertel Hospitality Inc), Equity Distribution Agreement (Jag Media Holdings Inc)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereofInvestor, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”)before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof.
Appears in 3 contracts
Samples: Equity Distribution Agreement (GlassesOff Inc.), Equity Distribution Agreement (China Recycling Energy Corp), Equity Distribution Agreement (China Recycling Energy Corp)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereofInvestor, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”)) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof.
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Consolidation; Merger. If Pending the close of an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereofNotice, then the Company shall not not, at any time after the date hereof, effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “"Consolidation Event”)") unless the Company or the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such shares of stock and/or securities as the Investor is entitled to receive pursuant to the pending Advance Notice.
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Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 2.01(f) hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”).
Appears in 1 contract
Samples: Standby Equity Purchase Agreement (Orckit Communications LTD)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”)) prior to the settlement of such Advance.
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Consolidation; Merger. If Pending the close of an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereof, then the Company shall not not, effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “"Consolidation Event”)") unless the Company or the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such shares of stock and/or securities as the Investor is entitled to receive pursuant to the Pending Advance Notice.
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Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 2.2 hereof, then the Company shall not effect affect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”).
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Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”).
Appears in 1 contract
Samples: Equity Distribution Agreement (Achillion Pharmaceuticals Inc)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereof, then the Company shall not effect affect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”).
Appears in 1 contract
Samples: Equity Distribution Agreement (Banctrust Financial Group Inc)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”)) unless the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such shares of stock and/or securities as the Investor is entitled to receive pursuant to this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Advanced Life Sciences Holdings, Inc.)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”).
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Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with withSection 2.02 Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to to, another entity (a “Consolidation Event”)entity.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Omagine, Inc.)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to to, another entity (a “Consolidation Event”)entity.
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