Common use of Merger or Consolidation of the Company Clause in Contracts

Merger or Consolidation of the Company. So long as Warrants remain outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holders, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain the Warrant remains outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holdersagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain outstandingthis Warrant remains in effect, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be, (i) shall be the Company or (ii) if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the HoldersWarrantholder, the due and punctual performance and observance of each and every covenant and condition of this Agreement Warrant to be performed and observed by the CompanyCompany under this Warrant.

Merger or Consolidation of the Company. So long as Warrants remain outstandingthis Agreement remains in effect, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holders, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be corporation (if not the Company), as the case may be, shall expressly assume, by supplemental agreement executed and delivered to the Holders, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain outstandingthis Warrant Agreement remains in effect, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, or exchange shares with any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Warrant Holders, the due and punctual performance and observance of each and every covenant and condition of this Warrant Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as the Warrants remain outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holdersagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain outstandingthis Warrant Agreement remains in effect, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Warrant Holders, the due and punctual performance and observance of each and every covenant and condition of this Warrant Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain outstandingthis Warrant remains in effect, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (i) shall be the Company or (ii) if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the HoldersWarrantholders, the due and punctual performance and observance of each and every covenant and condition of this Agreement Warrant to be performed and observed by the CompanyCompany under this Warrant.

Merger or Consolidation of the Company. So long as Warrants remain the Warrant remains outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holdersagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain outstanding, until the Expiration Date, the Company will not merge or consolidate with or into, or sell, transfer to or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the HoldersHolder, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain -------------------------------------- outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holders, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain the Warrant remains ----------------------------------------- outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holdersagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain outstandingthis Warrant remains in effect, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be, (i) shall be the Company or (ii) if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the HoldersWarrantholders, the due and punctual performance and observance of each and every covenant and condition of this Agreement Warrant to be performed and observed by the CompanyCompany under this Warrant.

Merger or Consolidation of the Company. So long as Warrants remain any Warrant remains outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holdersagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain the Warrant remains ------------------------------------------ outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holdersagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain outstanding, until the Expiration Date, the Company will not merge or consolidate with or into, or sell, transfer to or lease all or a substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the HoldersHolder, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as the Warrants remain remains outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holdersagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain the Warrant remains outstanding, . the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holdersagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain the Warrant remains outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holders, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. So long as Warrants remain the Warrant remains outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by supplemental agreement executed and delivered to the Holdersagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.and

Merger or Consolidation of the Company. So long as Warrants remain the Warrant remains outstanding, the Company will not merge or consolidate with or into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the successor or purchasing corporation, as the case may be (if not the Company), shall expressly assume, by 18 supplemental agreement executed and delivered to the Holdersagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.