Common use of Corporate Existence Clause in Contracts

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 100 contracts

Sources: Securities Purchase Agreement (SRx Health Solutions, Inc.), Securities Purchase Agreement (Evofem Biosciences, Inc.), Securities Purchase Agreement (Aditxt, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 86 contracts

Sources: Securities Purchase Agreement (Autozi Internet Technology (Global) Ltd.), Securities Purchase Agreement (Lotus Technology Inc.), Securities Purchase Agreement (Greenland Mines LTD)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 53 contracts

Sources: Securities Purchase Agreement (Rancher Energy Corp.), Securities Purchase Agreement (House of Taylor Jewelry, Inc.), Securities Purchase Agreement (Image Entertainment Inc)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall (i) maintain its corporate existence and (ii) not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 31 contracts

Sources: Securities Purchase Agreement (Cryptyde, Inc.), Securities Purchase Agreement (S7 Finance B.V.), Securities Purchase Agreement (MoneyOnMobile, Inc.)

Corporate Existence. So long as any Buyer beneficially the Investor owns any Notes or Warrantsthe Note, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNote.

Appears in 21 contracts

Sources: Securities Purchase Agreement (Freeseas Inc.), Securities Purchase Agreement (Freeseas Inc.), Securities Purchase Agreement (Freeseas Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 19 contracts

Sources: Securities Purchase Agreement (Vringo Inc), Securities Purchase Agreement (CorMedix Inc.), Securities Purchase Agreement (Pacific Ethanol, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 13 contracts

Sources: Note Purchase Agreement (Alpha Energy Inc), Note Purchase Agreement (Alpha Energy Inc), Note Purchase Agreement (Alpha Energy Inc)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 13 contracts

Sources: Securities Purchase Agreement (Nuburu, Inc.), Securities Purchase Agreement (Nuburu, Inc.), Securities Purchase Agreement (Nuburu, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrantsthe Note is outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNote.

Appears in 10 contracts

Sources: Securities Purchase Agreement (Lm Funding America, Inc.), Securities Purchase Agreement (Lm Funding America, Inc.), Securities Purchase Agreement (Lm Funding America, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) or Fundamental Transaction (as defined in the Warrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 8 contracts

Sources: Securities Purchase Agreement (Alpha Cognition Inc.), Securities Purchase Agreement (Alpha Cognition Inc.), Securities Purchase Agreement (Clean Vision Corp)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsWarrants remain outstanding, the Company shall not be party to any Fundamental Change (as defined in the Notes) or a Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions Changes set forth in the Notes and the applicable provisions governing Fundamental Transactions set forth in the Warrants.

Appears in 7 contracts

Sources: Securities Purchase Agreement (Bionano Genomics, Inc.), Securities Purchase Agreement (Astra Space, Inc.), Securities Purchase Agreement (Agrify Corp)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsPurchased Securities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 6 contracts

Sources: Securities Purchase Agreement (RedCloud Holdings PLC), Securities Purchase Agreement (Blue Gold LTD), Securities Purchase Agreement (Blue Gold LTD)

Corporate Existence. So long as any Buyer beneficially owns any Convertible Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesConvertible Notes and Warrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Convertible Notes and the Warrants.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Borqs Technologies, Inc.), Securities Purchase Agreement (Borqs Technologies, Inc.), Securities Purchase Agreement (Mullen Automotive Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Scorpius Holdings, Inc.), Securities Purchase Agreement (OneMedNet Corp), Securities Purchase Agreement (OneMedNet Corp)

Corporate Existence. So long as any Buyer beneficially owns any Notes the Note or WarrantsWarrant is outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Note and the WarrantsWarrant.

Appears in 5 contracts

Sources: Securities Purchase Agreement (KonaRed Corp), Securities Purchase Agreement (KonaRed Corp), Securities Purchase Agreement (KonaRed Corp)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall maintain its corporate existence and shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 4 contracts

Sources: Securities Purchase Agreement (RADIENT PHARMACEUTICALS Corp), Securities Purchase Agreement (Biovest International Inc), Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall (i) maintain its corporate existence and (ii) not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Histogenics Corp), Securities Purchase Agreement (Enerpulse Technologies, Inc.), Securities Purchase Agreement (NXT-Id, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes Note or WarrantsWarrant is outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Players Network), Securities Purchase Agreement (TWO RIVERS WATER & FARMING Co), Securities Purchase Agreement (Biolargo, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrantsare outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Allied Defense Group Inc), Securities Purchase Agreement (Allied Defense Group Inc), Securities Purchase Agreement (Allied Defense Group Inc)

Corporate Existence. So long as any the Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) ), unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Volato Group, Inc.), Securities Purchase Agreement (Volato Group, Inc.), Securities Purchase Agreement (Volato Group, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and in the Warrants.

Appears in 3 contracts

Sources: Securities Purchase Agreement (YayYo, Inc.), Securities Purchase Agreement (YayYo, Inc.), Securities Purchase Agreement (YayYo, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Notes, the Warrants and the WarrantsAdditional Investment Rights.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Broadvision Inc), Securities Purchase Agreement (Advanced Photonix Inc), Securities Purchase Agreement (Verilink Corp)

Corporate Existence. So long as any the Buyer beneficially owns any Notes or Warrantss, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.s.

Appears in 2 contracts

Sources: Purchase Agreement (SRAX, Inc.), Purchase Agreement (SRAX, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes Notes, Incremental Warrants or WarrantsIncremental Notes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes and Incremental Notes, as applicable) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrantsor Incremental Notes, as applicable.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Freight Technologies, Inc.), Securities Purchase Agreement (La Rosa Holdings Corp.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall (i) maintain its corporate existence and (ii) not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 2 contracts

Sources: Securities Purchase Agreement (GT Biopharma, Inc.), Securities Purchase Agreement (Banro Corp)

Corporate Existence. So For so long as any Buyer beneficially owns any Notes or WarrantsWarrants remain outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Evergreen Energy Inc), Securities Purchase Agreement (Immunicon Corp)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Tribeworks Inc), Securities Purchase Agreement (Atlas Technology Group, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNote is outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Boldface Group, Inc.), Securities Purchase Agreement (Boldface Group, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes Notes, Incremental Warrants, or WarrantsIncremental Notes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes and Incremental Notes, as applicable) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrantsor Incremental Notes, as applicable.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Autozi Internet Technology (Global) Ltd.), Securities Purchase Agreement (Autozi Internet Technology (Global) Ltd.)

Corporate Existence. So long as any the Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) Warrants), unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 2 contracts

Sources: Securities Purchase Agreement (New Era Helium Inc.), Securities Purchase Agreement (New Era Helium Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company no Borrower shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is both Borrowers are in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Interactive Strength, Inc.), Securities Purchase Agreement (Interactive Strength, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, as applicable, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Golden Autumn Holdings Inc.), Securities Purchase Agreement (Comanche Clean Energy Corp)

Corporate Existence. So long as any the Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 2 contracts

Sources: Securities Purchase Agreement (VCI Global LTD), Purchase Agreement (SRAX, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, other than the Business Combination, neither the Company nor SPAC shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company or SPAC, as applicable, is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 2 contracts

Sources: Senior Secured Note Purchase Agreement (Berenson Acquisition Corp. I), Securities Purchase Agreement (GigCapital5, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 2 contracts

Sources: Securities Purchase Agreement (ECD Automotive Design, Inc.), Securities Purchase Agreement (ECD Automotive Design, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Evofem Biosciences, Inc.), Securities Purchase Agreement (Evofem Biosciences, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants, if and as applicable.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Hythiam Inc), Securities Purchase Agreement (Iparty Corp)

Corporate Existence. So long as any Buyer beneficially owns any Notes Notes, Warrants, Incremental Warrants, Incremental Common Warrants or WarrantsIncremental Notes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes, the Warrants and the Incremental Notes, as applicable) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and Notes, the WarrantsWarrants or the Incremental Notes, as applicable.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Interactive Strength, Inc.), Securities Purchase Agreement (Interactive Strength, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Series A Designation and the Warrants.

Appears in 2 contracts

Sources: Series a Convertible Preferred Stock Purchase Agreement (EnterConnect Inc), Securities Purchase Agreement (EnterConnect Inc)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall maintain its corporate existence and shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 2 contracts

Sources: Securities Purchase Agreement (SouthPeak Interactive CORP), Securities Purchase Agreement (SouthPeak Interactive CORP)

Corporate Existence. So long as any Buyer Purchaser beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Ads in Motion, Inc.), Securities Purchase Agreement (Ads in Motion, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Securities Purchase Agreement (Bit Digital, Inc)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsWarrants or the Buyer shall have the right to purchase any Additional Notes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Art Advanced Research Technologies Inc)

Corporate Existence. So long as At any Buyer beneficially owns time any Notes or WarrantsWarrants remain outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Ads-Tec Energy Public LTD Co)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsWarrants are outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Medgenics, Inc.)

Corporate Existence. So long as any Buyer the Creditor beneficially owns any Notes the Note or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Note and the Warrants.

Appears in 1 contract

Sources: Securities Restructuring Agreement (Sundial Growers Inc.)

Corporate Existence. So long as any the Buyer beneficially owns any Notes or Warrants, neither the Company nor the Parent shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company and the Parent, as applicable, is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Vasogen Inc)

Corporate Existence. So long as any the Buyer beneficially owns the Note or any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Note and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement

Corporate Existence. So long as any Buyer Purchaser beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Wet Seal Inc)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, neither of the Company Borrowers shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company such Borrower is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Note Purchase Agreement (Aditxt, Inc.)

Corporate Existence. So long as any the Buyer beneficially owns any Notes or Warrants, Note the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Note Purchase Agreement (Haoxin Holdings LTD)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Securities Purchase Agreement (Linkage Global Inc)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants, other than one reverse stock split at any time the Notes remain outstanding.

Appears in 1 contract

Sources: Securities Purchase Agreement (Giga Tronics Inc)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction Change (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions Changes set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Securities Exchange Agreement (Amyris, Inc.)

Corporate Existence. So Except as set forth on Schedule 4(s), so long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Securities Purchase Agreement (Gaucho Group Holdings, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Convertible Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Convertible Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Tanzanian Royalty Exploration Corp)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsAdditional Investment Rights.

Appears in 1 contract

Sources: Securities Purchase Agreement (Spatialight Inc)

Corporate Existence. So long as any the Buyer beneficially owns any Notes the Note or Warrantsthe Warrant, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Note and the WarrantsWarrant.

Appears in 1 contract

Sources: Securities Purchase Agreement (Ludwig Enterprises, Inc.)

Corporate Existence. So long as any Buyer beneficially Purchaser owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (SANUWAVE Health, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes Notes, Warrants or WarrantsWarrant Shares, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Securities Purchase Agreement (Duos Technologies Group, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the th.e applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Exchange Agreement (Nuburu, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants------------------- Securities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Charys Holding Co Inc)

Corporate Existence. So long as any the Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Backstop Agreement (CorMedix Inc.)

Corporate Existence. So long as any the Buyer beneficially owns any Notes or Warrantsthe Incremental Warrant, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) ), unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Securities Purchase Agreement (Maison Solutions Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the NotesWarrants) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Note and the WarrantsWarrant.

Appears in 1 contract

Sources: Investment Agreement (Benda Pharmaceutical, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrantsa Note, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Securities Purchase Agreement (Expion360 Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Preferred Shares, Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Certificate of Designations, the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Ascent Solar Technologies, Inc.)

Corporate Existence. So long as the Holders beneficially own any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Amendment Agreement (Charys Holding Co Inc)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, as applicable, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNote) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Golden Sun Health Technology Group LTD)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsNotes, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance complies with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.

Appears in 1 contract

Sources: Securities Purchase Agreement (Minrad International, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsPreferred Shares, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and in the WarrantsCertificate of Designations.

Appears in 1 contract

Sources: Securities Purchase Agreement (Helios & Matheson Analytics Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsRights, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsRights.

Appears in 1 contract

Sources: Securities Purchase Agreement (Onfolio Holdings, Inc)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Notes, the Additional Investment Right Warrants and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Wet Seal Inc)

Corporate Existence. So long as any Buyer beneficially owns any Notes or BC Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the BC Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Bluerock Acquisition Corp.)

Corporate Existence. So long as any Buyer Subscriber beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Subscription Agreement (Xtreme Oil & Gas, Inc.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (FTC Solar, Inc.)

Corporate Existence. So For so long as any Buyer beneficially owns any of the Notes or Warrantsand/or Warrants remains outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the NotesNotes or the Warrants, as applicable) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (YY Group Holding Ltd.)

Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsWarrants remain outstanding, the Company shall not be party to any Fundamental Transaction (as defined in the Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the Warrants.

Appears in 1 contract

Sources: Securities Subscription Agreement (Fusion Fuel Green PLC)