Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 187 contracts
Samples: Securities Purchase Agreement (First Choice Healthcare Solutions, Inc.), Securities Purchase Agreement (Aja Cannafacturing, Inc.), Securities Purchase Agreement (Radiant Creations Group, Inc.)
Corporate Existence. So long as the a Buyer beneficially owns any NoteNotes or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 96 contracts
Samples: Securities Purchase Agreement (Banyan Corp /Or/), Securities Purchase Agreement (Avitar Inc /De/), Securities Purchase Agreement (Aegis Assessments Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC MARKETS, Nasdaq, Nasdaq SmallCap, NYSE SmallCap or AMEXNYSE.
Appears in 86 contracts
Samples: Securities Purchase Agreement (All for One Media Corp.), Securities Purchase Agreement (Mphase Technologies Inc), Securities Purchase Agreement (Clubhouse Media Group, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 82 contracts
Samples: Securities Purchase Agreement (Friendable, Inc.), Securities Purchase Agreement (Friendable, Inc.), Securities Purchase Agreement (NanoFlex Power Corp)
Corporate Existence. So long as the Buyer beneficially owns any the Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC MARKETS, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 47 contracts
Samples: Securities Purchase Agreement (MyDx, Inc.), Securities Purchase Agreement (U.S. Lithium Corp.), Securities Purchase Agreement (NightFood Holdings, Inc.)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 36 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (TagLikeMe Corp.), Securities Purchase Agreement (China Logistics Group Inc)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 25 contracts
Samples: Securities Purchase Agreement (Ab International Group Corp.), Securities Purchase Agreement (Ab International Group Corp.), Securities Purchase Agreement (Ab International Group Corp.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 21 contracts
Samples: Securities Purchase Agreement (JPX Global Inc.), Securities Purchase Agreement (Ecosciences, Inc.), Securities Purchase Agreement (MyDx, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 19 contracts
Samples: Securities Purchase Agreement (RX Safes, Inc.), Securities Purchase Agreement (SearchCore, Inc.), Securities Purchase Agreement (SearchCore, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Cross Click Media Inc.), Securities Purchase Agreement (Hangover Joe's Holding Corp), Securities Purchase Agreement (Hangover Joe's Holding Corp)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 17 contracts
Samples: Securities Purchase Agreement (First Choice Healthcare Solutions, Inc.), Securities Purchase Agreement (Max Sound Corp), Securities Purchase Agreement (Max Sound Corp)
Corporate Existence. So long as the a Buyer beneficially owns any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Sun Network Group Inc), Securities Purchase Agreement (Clickable Enterprises Inc), Securities Purchase Agreement (Juniper Group Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Cannasys Inc), Securities Purchase Agreement (Graphite Corp), Securities Purchase Agreement (Peer to Peer Network)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed quoted for trading on the OTCBBPink Sheets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 10 contracts
Samples: Securities Purchase Agreement (First Colombia Gold Corp.), Securities Purchase Agreement (First Colombia Gold Corp.), Securities Purchase Agreement (First Colombia Gold Corp.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC MARKETS, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Jerrick Media Holdings, Inc.), Securities Purchase Agreement (Freeseas Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEXAMEX or is quoted on the Pink Sheets.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Players Network), Securities Purchase Agreement (Players Network), Securities Purchase Agreement (Players Network)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Markets, Nasdaq, Nasdaq Nasdaq, SmallCap, NYSE or AMEX, or any applicable trading exchange.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Ozop Surgical Corp.), Securities Purchase Agreement (Greenfield Farms Food, Inc.), Securities Purchase Agreement (Greenfield Farms Food, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any the Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC MARKETPLACE, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Airborne Wireless Network), Securities Purchase Agreement (Airborne Wireless Network), Securities Purchase Agreement (Coates International LTD \De\)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC MARKETS, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Stealth Technologies, Inc.), Securities Purchase Agreement (Artec Global Media, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCP, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Black Cactus Global, Inc.), Securities Purchase Agreement (Biolargo, Inc.), Securities Purchase Agreement (Hemp Naturals, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Cannasys Inc), Securities Purchase Agreement (Cannasys Inc), Securities Purchase Agreement (Graphite Corp)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Global Earth Energy, Inc.), Securities Purchase Agreement (Ecologix Resource Group, Inc.), Securities Purchase Agreement (Zaldiva Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq Nasdaq, SmallCap, NYSE or AMEX, or any applicable trading exchange.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Greenfield Farms Food, Inc.), Securities Purchase Agreement (Ozop Surgical Corp.), Securities Purchase Agreement (Code Green Apparel Corp)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Markets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 5 contracts
Samples: Securities Purchase Agreement (MyDx, Inc.), Securities Purchase Agreement (MyDx, Inc.), Securities Purchase Agreement (Rich Pharmaceuticals, Inc.)
Corporate Existence. So long as the a Buyer beneficially owns any NotePreferred Shares or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Hillman Co), Securities Purchase Agreement (Superconductor Technologies Inc), Securities Purchase Agreement (Saba Petroleum Co)
Corporate Existence. So long as the Buyer Buyers beneficially owns own any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX, or any other equivalent or replacement quotation service or exchange.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Centurion Gold Holdings Inc)
Corporate Existence. So long as the a Buyer beneficially owns any NoteNotes, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Worthington Energy, Inc.), Securities Purchase Agreement (SpeechSwitch, Inc.), Securities Purchase Agreement (Univec Inc)
Corporate Existence. So long as the Buyer Investor beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Mphase Technologies Inc), Securities Purchase Agreement (Greater Cannabis Company, Inc.), Securities Purchase Agreement (Cannabis Global, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any o Note, the Company shall maintain its corporate existence and shall not sell all or substantially all substantia of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements agreement and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE NY E or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Aja Cannafacturing, Inc.), Securities Purchase Agreement (Aja Cannafacturing, Inc.), Securities Purchase Agreement (IDS Industries, Inc.)
Corporate Existence. So long as the a Buyer beneficially owns any Note------------------- Debentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (E Resources Inc), Securities Purchase Agreement (Roanoke Technology Corp), Securities Purchase Agreement (Airtech International Group Inc)
Corporate Existence. So The Company will, so long as the Buyer beneficially owns any Noteof the Securities, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock common stock is listed for trading on the OTCBBOTC Markets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (LevelBlox, Inc.), Securities Purchase Agreement (LevelBlox, Inc.), Securities Purchase Agreement (AlphaPoint Technology, Inc.)
Corporate Existence. So long as the Buyer Purchaser beneficially owns any NoteNotes, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (First Corp /Cn/), Securities Purchase Agreement (First Corp /Cn/), Securities Purchase Agreement (First Corp /Cn/)
Corporate Existence. So long as the a Buyer beneficially owns any NoteConvertible Securities or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Modern Technology Corp), Securities Purchase Agreement (Insynq Inc), Securities Purchase Agreement (Insynq Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTC PINK, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Sylios Corp), Securities Purchase Agreement (Q BioMed Inc.), Securities Purchase Agreement (Hydrocarb Energy Corp)
Corporate Existence. So long as the a Buyer beneficially owns ------------------- any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Aura Systems Inc), Securities Purchase Agreement (Aura Systems Inc), Securities Purchase Agreement (Aura Systems Inc)
Corporate Existence. So long as the Buyer beneficially owns any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX, or any other equivalent or replacement quotation service or exchange.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Peak Entertainment Holdings Inc), Security Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCPK, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Hydrocarb Energy Corp), Securities Purchase Agreement (Hydrocarb Energy Corp), Securities Purchase Agreement (Mind Solutions Inc.)
Corporate Existence. So long as the a Buyer beneficially owns any NoteDebentures, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Vital Living Products Inc), Securities Purchase Agreement (Vital Living Products Inc), Securities Purchase Agreement (Idial Networks Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, pink sheets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (HDS International Corp.), Securities Purchase Agreement (HDS International Corp.), Securities Purchase Agreement (HDS International Corp.)
Corporate Existence. So The Company will, so long as the each Buyer beneficially owns any Noteof the Securities, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Markets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Tixfi Inc.), Securities Purchase Agreement (Blue Sky Media Corp), Securities Purchase Agreement (Life Clips, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is 1s listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (IDS Industries, Inc.), Securities Purchase Agreement (IDS Industries, Inc.), Securities Purchase Agreement (IDS Industries, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any NoteNote but not longer than one year, the Company shall use best efforts to maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Elite Data Services, Inc.), Securities Purchase Agreement (Elite Data Services, Inc.), Securities Purchase Agreement (Elite Data Services, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Pink, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Coates International LTD \De\), Securities Purchase Agreement (Coates International LTD \De\), Securities Purchase Agreement (Coates International LTD \De\)
Corporate Existence. So long as the Buyer a Investor beneficially owns any Notethe Note or the Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (NYXIO TECHNOLOGIES Corp), Securities Purchase Agreement (NYXIO TECHNOLOGIES Corp)
Corporate Existence. So long as the Buyer beneficially owns any NoteNote or the Warrant, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mass Hysteria Entertainment Company, Inc.), Securities Purchase Agreement (Veriteq)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Start Scientific, Inc.), Securities Purchase Agreement (Red Giant Entertainment, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Edison Nation, Inc.), Securities Purchase Agreement (Edison Nation, Inc.)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Tungsten Corp.), Securities Purchase Agreement (Tungsten Corp.)
Corporate Existence. So long as the Buyer beneficially owns any the Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (El Capitan Precious Metals Inc), Securities Purchase Agreement (El Capitan Precious Metals Inc)
Corporate Existence. So long as the Buyer a Debtholder beneficially owns any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Debt Exchange Agreement (Lithium Technology Corp), Debt Exchange Agreement (Lithium Technology Corp)
Corporate Existence. So long as the a Buyer ------------------- beneficially owns any NoteNotes or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Med Gen Inc), Securities Purchase Agreement (Med Gen Inc)
Corporate Existence. So long as the Buyer beneficially owns any NotePromissory Note or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX, or any other equivalent or replacement quotation service or exchange.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc)
Corporate Existence. So long as the Buyer beneficially owns any NoteWarrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and or (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX, or any other equivalent or replacement quotation service or exchange.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Peak Entertainment Holdings Inc), Securities Purchase Agreement (Peak Entertainment Holdings Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock Shares is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Note Purchase Agreement (Algae Dynamics Corp.), Note Purchase Agreement (Algae Dynamics Corp.)
Corporate Existence. So long as the Buyer Investor beneficially owns any Noteof the Notes, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pazoo, Inc.), Securities Purchase Agreement (Mind Solutions Inc.)
Corporate Existence. So long as the Buyer beneficially owns any NoteDebenture, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC MARKETS, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Jerrick Media Holdings, Inc.), Securities Purchase Agreement (Jerrick Media Holdings, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any NotePreferred Stock, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (OxySure Systems Inc), Securities Purchase Agreement (OxySure Systems Inc)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Bioheart, Inc.), Securities Purchase Agreement (Bioheart, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq Nasdaq, SmallCap, NYSE or AMEX, or any applicable trading exchange.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Wisdom Homes of America, Inc.), Securities Purchase Agreement (Wisdom Homes of America, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCBB (or equivalent replacement quotation system), Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Greenestone Healthcare Corp), Securities Purchase Agreement (Greenestone Healthcare Corp)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCPINK, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Neah Power Systems, Inc.), Securities Purchase Agreement (Neah Power Systems, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTC Markets, OTCBB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all alJ of the Company’s ' s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase agreement (Las Vegas Railway Express, Inc.)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB or OTC Bulletin Board, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Green Automotive Co)
Corporate Existence. So long as the a Buyer beneficially owns any NoteDebentures ------------------- or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.. k.
Appears in 1 contract
Samples: Securities Purchase Agreement Securities Purchase Agreement (Imaging Technologies Corp/Ca)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOver-the-Counter Market, OTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any the Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (EzFill Holdings Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX, unless the surviving or successor entity pays off the Note in accordance with Section 1.6(b) of the Note.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Surge Global Energy, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any NoteNotes, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock Shares is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, Note the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Pink, OTCQB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (American International Holdings Corp.)
Corporate Existence. So The Company will, so long as the Buyer beneficially owns any Noteof the Securities, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC Markets, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock common stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Green Technology Solutions, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.AMEX.15
Appears in 1 contract
Corporate Existence. So long as the a Buyer beneficially owns any NotePreferred Shares, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Clickable Enterprises Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX, or any applicable trading exchange.
Appears in 1 contract
Samples: Securities Purchase Agreement (Propanc Health Group Corp)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC BB, Nasdaq, Nasdaq SmallCapCapital, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (First Choice Healthcare Solutions, Inc.)
Corporate Existence. So long as the Buyer a Investor beneficially owns any Notethe Note or the Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Dewmar International BMC, Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBPink Sheets, OTCQX, OTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCPK, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s Companys assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s Companys assets, where the surviving or successor entity in such transaction (i) assumes the Company’s Companys obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCQB, OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cyclone Power Technologies Inc)
Corporate Existence. So long as the a Buyer beneficially owns any NotePreferred Shares or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or merger, consolidation or sale of all or substantially all of the Company’s 's assets, where as long as the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Western Pacific Airlines Inc /De/)
Corporate Existence. So long as the Buyer Investor beneficially owns any NotePurchased Shares or the Warrant, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the a Buyer beneficially owns any NoteDebentures, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the a Buyer beneficially owns any NoteNotes or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.. DMEAST #9432371 v1 16
Appears in 1 contract
Samples: Securities Purchase Agreement (Avvaa World Health Care Products Inc)
Corporate Existence. So long as the a Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes ass umes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCBB or any equivalent replacement quotation service, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Titan Iron Ore Corp.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCapSmall Cap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all more than 33% of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Soul & Vibe Interactive Inc.)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.. ·
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTCBB or any equivalent replacement quotation service, NasdaqNasdaq , Nasdaq SmallCap, NYSE or AMEXAMEX .
Appears in 1 contract
Samples: Securities Purchase Agreement (High Performance Beverages Co.)
Corporate Existence. So long as the a Buyer beneficially owns any NoteDebentures or Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.. k.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any NoteDebentures or Warrants are outstanding, each of the Company and each of its Subsidiaries shall maintain its corporate existence and shall not sell all or substantially all of the Company’s its assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Provectus Pharmaceuticals Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, . the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB. OTCQB, Nasdaq, Nasdaq SmallCapNasdaqSmallCap, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the a Buyer beneficially owns any NotePreferred Shares and the Warrants, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Laser Vision Centers Inc)
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction transaction: (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith herewith; and (ii) is a publicly traded corporation whose Common Stock common stock is listed for trading on the OTCBBOTCQB, Nasdaq, Nasdaq SmallCapNYSE, NYSE or AMEX.
Appears in 1 contract
Corporate Existence. So long as the Buyer beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s 's assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s 's assets, where the surviving or successor entity in such transaction (i) assumes the Company’s 's obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBB, OTCQB, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
Samples: Securities Purchase Agreement (Rich Pharmaceuticals, Inc.)
Corporate Existence. So long as the Buyer Investor beneficially owns any Note, the Company shall maintain its corporate existence and shall not sell all or substantially all of the Company’s assets, except in the event of a merger or consolidation or sale of all or substantially all of the Company’s assets, where the surviving or successor entity in such transaction (i) assumes the Company’s obligations hereunder and under the agreements and instruments entered into in connection herewith and (ii) is a publicly traded corporation whose Common Stock is listed for trading on the OTCBBOTC, Nasdaq, Nasdaq SmallCap, NYSE or AMEX.
Appears in 1 contract
