Common use of Continuation of Terms Clause in Contracts

Continuation of Terms. Upon any reorganization, reclassification, sale, consolidation, merger or other transfer (and any liquidation, dissolution or winding up of the Corporation following any such transfer) referred to in this Section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Stock and property (including cash, where applicable) receivable upon the exercise of this Warrant after the consummation of such reorganization, reclassification, sale, consolidation, merger or other transfer or the effective date of liquidation, dissolution or winding up of the Corporation following any such transfer, as the case may be, and shall be binding upon the issuer of any such Stock, including, in the case of any such transfer, the Person acquiring all or substantially all of the properties or assets or more than 50% of the voting capital stock of the Corporation (whether issued and outstanding, newly issued or from treasury or any combination thereof), whether or not such Person shall have expressly assumed the terms of this Warrant.

Appears in 7 contracts

Samples: Prime Response Group Inc/De, Softlock Com Inc, Softlock Com Inc

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Continuation of Terms. Upon any reorganization, reclassification, sale, consolidation, merger or other transfer (and any liquidation, dissolution or winding up of the Corporation following any such transfer) referred to in this Section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Stock and property (including cash, where applicable) receivable upon the exercise of this Warrant after the consummation of such reorganization, reclassification, sale, consolidation, merger or other transfer or the effective date of liquidation, dissolution or winding up of the Corporation following any such transfer, as the case may be, and shall be binding upon the issuer of any such Stock, including, in the case of any such transfer, the Person acquiring all or substantially all of the properties or assets or more than fifty percent (50% %) of the voting capital stock of the Corporation (whether issued and outstanding, newly issued or from treasury or any combination thereof), whether or not such Person shall have expressly assumed the terms of this Warrant.

Appears in 3 contracts

Samples: Softlock Com Inc, Softlock Com Inc, Softlock Com Inc

Continuation of Terms. Upon any reorganization, reclassification, sale, --------------------- consolidation, merger or other transfer (and any liquidation, dissolution or winding up of the Corporation following any such transfer) referred to in this Section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Stock and property (including cash, where applicable) receivable upon the exercise of this Warrant after the consummation of such reorganization, reclassification, sale, consolidation, merger or other transfer or the effective date of liquidation, dissolution or winding up of the Corporation following any such transfer, as the case may be, and shall be binding upon the issuer of any such Stock, including, in the case of any such transfer, the Person acquiring all or substantially all of the properties or assets or more than 50% of the voting capital stock of the Corporation (whether issued and outstanding, newly issued or from treasury or any combination thereof), whether or not such Person shall have expressly assumed the terms of this Warrant.

Appears in 2 contracts

Samples: Prime Response Group Inc/De, Prime Response Inc/De

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Continuation of Terms. Upon any reorganization, reclassification, sale, consolidation, merger or other transfer (and any liquidation, dissolution or winding up of the Corporation following any such transfer) referred to in this Section 4, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the shares of Stock and property (including cash, where applicable) receivable upon the exercise of this Warrant after the consummation of such reorganization, reclassification, sale, consolidation, merger or other transfer or the effective date of liquidation, dissolution or winding up of the Corporation following any such transfer, as the case may be, and shall be binding upon the issuer of any such Stock, including, in the case of any such transfer, the Person acquiring all or substantially all of the properties or assets or more than 50% of the voting capital stock of the Corporation (whether issued and outstanding, newly issued or from treasury or any combination thereof), whether or not such Person shall have expressly assumed the terms of this Warrant.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Art Technology Group Inc), Art Technology Group Inc

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