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 80 contracts
Samples: Securities Purchase Agreement (Vinco Ventures, Inc.), Securities Purchase Agreement (Evofem Biosciences, Inc.), Securities Purchase Agreement (Cosmos 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 and the Warrants.
Appears in 53 contracts
Samples: Securities Purchase Agreement (Stinger Systems, Inc), Securities Purchase Agreement (EnterConnect Inc), Securities Purchase Agreement (Us Dataworks 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 42 contracts
Samples: Securities Purchase Agreement (Windtree Therapeutics Inc /De/), Securities Purchase Agreement (Helios & Matheson Analytics Inc.), Securities Purchase Agreement (Helios & Matheson Analytics 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 36 contracts
Samples: Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.), Securities Purchase Agreement (PV Nano Cell, Ltd.), Securities Purchase Agreement (Patriot National, 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
Samples: Securities Purchase Agreement (Air Industries Group), Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (A123 Systems, Inc.)
Corporate Existence. So long as any Buyer beneficially owns any Notes Preferred Shares or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesCertificate of Designations) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Certificate of Designations and the Warrants.
Appears in 25 contracts
Samples: Securities Purchase Agreement (Edoc Acquisition Corp.), Securities Purchase Agreement (Magnetar Capital Partners LP), Securities Purchase Agreement (Allarity Therapeutics, 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 22 contracts
Samples: Securities Purchase Agreement (China Armco Metals, Inc.), Securities Purchase Agreement (Reeds Inc), Securities Purchase Agreement (Novadel Pharma 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
Samples: 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
Samples: Securities Purchase Agreement (Ecoblu Products, Inc.), Securities Purchase Agreement (American Superconductor Corp /De/), Securities Purchase Agreement (Atrinsic, 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
Samples: Securities Purchase Agreement (Applied Dna Sciences Inc), Note Purchase Agreement (Alpha Energy Inc), Securities Purchase Agreement (Maui Land & Pineapple Co 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
Samples: Note Purchase Agreement (Top Ships Inc.), Securities Purchase Agreement (Lm Funding America, Inc.), Note Purchase Agreement (Top Ships 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 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
Samples: 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) 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 6 contracts
Samples: Securities Purchase Agreement (Aclarion, Inc.), Securities Purchase Agreement (Clean Vision Corp), Securities Purchase Agreement (Clean Vision 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
Samples: Securities Purchase Agreement (Multimedia Platforms Inc.), Securities Purchase Agreement (KonaRed Corp), Securities Purchase Agreement (KonaRed Corp)
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 4 contracts
Samples: Securities Purchase Agreement (OneMedNet Corp), Securities Purchase Agreement (Data Knights Acquisition Corp.), Securities Purchase Agreement (OneMedNet Corp)
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
Samples: Securities Purchase Agreement (Biolargo, Inc.), Securities Purchase Agreement (Rennova Health, Inc.), Securities Purchase Agreement (Players Network)
Corporate Existence. So long as any Buyer beneficially Purchaser owns any Notes or Warrantsthe 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 Warrants.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Alzamend Neuro, Inc.), Securities Purchase Agreement (Alzamend Neuro, Inc.), Securities Purchase Agreement (Alzamend Neuro, 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
Samples: 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 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
Samples: 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 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
Samples: Securities Purchase Agreement (Broadvision Inc), Securities Purchase Agreement (Advanced Photonix Inc), Securities Purchase Agreement (Verilink Corp)
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
Samples: Securities Purchase Agreement (Comanche Clean Energy Corp), Securities Purchase Agreement (Golden Autumn Holdings 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
Samples: Securities Purchase Agreement (SouthPeak Interactive CORP), Securities Purchase Agreement (SouthPeak Interactive 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
Samples: Purchase Agreement (SRAX, Inc.), Purchase Agreement (SRAX, Inc.)
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
Samples: Securities Purchase Agreement (GT Biopharma, Inc.), Securities Purchase Agreement (Banro 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
Samples: Securities Purchase Agreement (Tribeworks Inc), Securities Purchase Agreement (Atlas Technology Group, 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 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
Samples: Securities Purchase Agreement (Kiora Pharmaceuticals Inc), Securities Purchase Agreement (Westwater Resources, 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
Samples: Securities Purchase Agreement (Boldface Group, Inc.), Securities Purchase Agreement (Boldface Group, 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
Samples: Series a Convertible Preferred Stock Purchase Agreement (EnterConnect Inc), Series a Convertible Preferred Stock Purchase Agreement (EnterConnect 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
Samples: Securities Purchase Agreement (Evofem Biosciences, Inc.), Securities Purchase Agreement (Evofem Biosciences, Inc.)
Corporate Existence. So long as any Buyer beneficially a Purchaser owns any Notes Debentures or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesDebentures) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Debentures and the Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Discovery Energy Corp.), Securities Purchase Agreement (Discovery Energy 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 Warrants, if and as applicable.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Hythiam Inc), Securities Purchase Agreement (Iparty 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
Samples: Securities Purchase Agreement (Ads in Motion, Inc.), Securities Purchase Agreement (Ads in Motion, 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
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 1 contract
Samples: 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 Notes, the Additional Investment Right Warrants and the Warrants.
Appears in 1 contract
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
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
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
Samples: Securities Restructuring Agreement (Sundial Growers 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
Samples: Purchase Agreement (SRAX, 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
Samples: Securities Purchase Agreement (SANUWAVE Health, 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 complies with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNotes.
Appears in 1 contract
Samples: Securities Purchase Agreement (Minrad International, 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
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
Corporate Existence. So long as any Buyer beneficially owns any Notes or WarrantsSecurities, and except with respect to the Merger Agreement, 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
Samples: Securities Purchase Agreement (Driftwood Ventures, Inc.)
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
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 WarrantsNotes.
Appears in 1 contract
Corporate Existence. So long as any Buyer beneficially owns any Notes or Warrantsof the Convertible Notes, the Company shall not be party to any Fundamental Transaction Change (as defined in the Convertible Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions Changes set forth in the Notes and the WarrantsConvertible Notes.
Appears in 1 contract
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
Samples: Securities Purchase Agreement (Ascent Solar Technologies, 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
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 1 contract
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
Samples: Securities Purchase Agreement (Helios & Matheson Analytics 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
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
Samples: Backstop Agreement (CorMedix 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
Samples: Securities Purchase Agreement (Tanzanian Royalty Exploration Corp)
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
Samples: Securities Purchase Agreement (Charys Holding Co 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 WarrantsAdditional Investment Rights.
Appears in 1 contract
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.. (s)
Appears in 1 contract
Samples: Execution Copy Securities Purchase Agreement (Phunware, 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
Samples: Securities Purchase Agreement (Duos Technologies Group, Inc.)
Corporate Existence. So Without limiting any covenant set forth in the Notes, so long as any Buyer beneficially owns any Notes Preferred Shares or Warrants, the Company shall not be party to any Fundamental Transaction (as defined in the NotesCertificate of Designations) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes Certificate of Designations and the Warrants.
Appears in 1 contract
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
Samples: Securities Purchase Agreement (Charys Holding Co 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
Corporate Existence. So long as any Buyer the Investor beneficially owns any Notes or WarrantsSecurities, the Company shall not be party to any Fundamental Transaction (as defined in the New Series Notes) unless the Company is in compliance with the applicable provisions governing Fundamental Transactions set forth in the Notes and the WarrantsNew Series Notes.
Appears in 1 contract
Samples: Exchange Agreement (Metalico 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
Samples: Securities Purchase Agreement (Art Advanced Research Technologies Inc)