Common use of Corporate Existence Clause in Contracts

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

Appears in 81 contracts

Samples: Securities Purchase Agreement (Splash Beverage Group, Inc.), Securities Purchase Agreement (Workhorse Group Inc.), Securities Purchase Agreement (ARYA Sciences Acquisition Corp IV)

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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 (Amish Naturals, Inc.), Securities Purchase Agreement (Universal Food & Beverage Compny), Securities Purchase Agreement (Avanex Corp)

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 43 contracts

Samples: Securities Purchase Agreement (Fisker Inc./De), Securities Purchase Agreement (Windtree Therapeutics Inc /De/), Securities Purchase Agreement (EF Hutton Acquisition Corp I)

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 (Esports Entertainment Group, Inc.), Securities Purchase Agreement (American Rebel Holdings Inc), Securities Purchase Agreement (American Rebel Holdings 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 33 contracts

Samples: Securities Purchase Agreement (PharmaCyte Biotech, Inc.), Securities Purchase Agreement (MyMD Pharmaceuticals, Inc.), Securities Purchase Agreement (MyMD Pharmaceuticals, 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 (Cryptyde, Inc.), Securities Purchase Agreement (S7 Finance B.V.), Securities Purchase Agreement (MoneyOnMobile, 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 23 contracts

Samples: Securities Purchase Agreement (Mullen Automotive Inc.), Securities Purchase Agreement (NAKED BRAND GROUP LTD), Securities Purchase Agreement (NAKED BRAND GROUP LTD)

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

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

Appears in 13 contracts

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

Corporate Existence. So long as any Buyer beneficially owns any Notes or 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: Securities Purchase Agreement (Lm Funding America, Inc.), Securities Purchase Agreement (Lm Funding America, Inc.), Securities Purchase Agreement (Lm Funding America, Inc.)

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

Appears in 6 contracts

Samples: Securities Purchase Agreement (Clean Vision Corp), Securities Purchase Agreement (Aclarion, Inc.), Securities Purchase Agreement (Aclarion, 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 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 (KonaRed Corp), 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 (OneMedNet Corp), Securities Purchase Agreement (Data Knights Acquisition 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 (Players Network), Securities Purchase Agreement (TWO RIVERS WATER & FARMING Co), Securities Purchase Agreement (Biolargo, Inc.)

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 4 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 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 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 3 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Discovery Energy Corp.), Securities Purchase Agreement (Discovery Energy 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 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 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, 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 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 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 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 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 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 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 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 (Golden Autumn Holdings Inc.), Securities Purchase Agreement (Comanche Clean Energy 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 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 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 2 contracts

Samples: Securities Purchase Agreement (Alternus Clean Energy, Inc.), Securities Purchase Agreement (Interactive Strength, Inc.)

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

Appears in 2 contracts

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

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 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

Samples: Securities Purchase Agreement (Energous Corp)

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 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

Samples: Securities Purchase Agreement (Spatialight Inc)

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

Appears in 1 contract

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 Warrants.Notes. (v)

Appears in 1 contract

Samples: Securities Purchase Agreement (Fisker Inc./De)

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.)

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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

Samples: Securities Purchase Agreement (Vasogen Inc)

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

Samples: Subscription Agreement (Xtreme Oil & Gas, 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

Samples: Investment Agreement (Benda Pharmaceutical, 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

Samples: Securities Purchase Agreement (Bit Digital, Inc)

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 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 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 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 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

Samples: Securities Purchase Agreement (Wet Seal 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 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 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

Samples: Securities Purchase Agreement (Giga Tronics Inc)

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

Appears in 1 contract

Samples: Securities Exchange Agreement (Amyris, 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

Samples: Securities Purchase Agreement (Wet Seal Inc)

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

Samples: Securities Purchase Agreement (Medgenics, Inc.)

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

Appears in 1 contract

Samples: Securities Restructuring Agreement (Sundial Growers 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 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)

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 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

Samples: Note Purchase Agreement (Plug Power 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: Backstop Agreement (CorMedix Inc.)

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

Appears in 1 contract

Samples: Securities Purchase Agreement

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

Samples: Securities Purchase Agreement ('Mktg, Inc.')

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Charys Holding Co Inc)

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 WarrantsWarrant.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cosmos Holdings 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

Samples: Securities Purchase Agreement (Expion360 Inc.)

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