Common use of Successor to Company Clause in Contracts

Successor to Company. The Company will not merge or consolidate with or into any other corporation or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporation, unless the corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, 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.

Successor to Company. The In the event that the Company will not merge merges -------------------- or consolidate consolidates with or into any other corporation or sell or otherwise transfer transfers its property, assets and business substantially as an entirety to a successor corporation, unless the Company shall use reasonable commercial efforts to have such successor corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, the due and punctual performance and observance of assume each and every covenant and condition of this Agreement to be performed and observed by the Company.

Successor to Company. The In the event that the Company will not merge merges or consolidate consolidates with or into any other corporation or sell or otherwise transfer transfers its property, assets and business substantially as an entirety to a successor corporation, unless the Company shall use reasonable commercial efforts to have such successor corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, the due and punctual performance and observance of assume each and every covenant and condition of this Agreement to be performed and observed by the Company.

Successor to Company. The In the event that the Company will not merge merges or consolidate -------------------- consolidates with or into any other corporation or sell or otherwise transfer transfers its property, assets and business substantially as an entirety to a successor corporation, unless the Company shall use reasonable commercial efforts to have such successor corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, the due and punctual performance and observance of assume each and every covenant and condition of this Agreement to be performed and observed by the Company.

Successor to Company. The Company will not merge or consolidate with or into any other corporation or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporation, unless the corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement reasonably satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, the due and punctual performance and observance of and each and every covenant and condition of this Agreement to be performed and observed by the Company.

Successor to Company. The Company will not merge or consolidate with or into any other corporation or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporation, unless the corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agentagreement, 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.

Successor to Company. The Company will not merge or consolidate with or into any other corporation or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporation, unless the corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, 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.such

Successor to Company. The Company will not merge or consolidate with or into any other corporation entity or sell or otherwise transfer its property, assets assets, and business substantially as an entirety to a successor corporation, entity unless the corporation entity resulting from such merger, consolidation, sale sale, or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, 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.

Successor to Company. The Company will not merge or consolidate with or into any other corporation or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporation, unless the corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent Holders and delivered to the Warrant AgentHolders, 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.

Successor to Company. The Company will not merge or consolidate with or into any other corporation or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporation, unless the corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement reasonably satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, 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.

Successor to Company. The For so long as any Warrants are outstanding the Company will not merge or consolidate with or into any other corporation or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporation, unless the corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement reasonably satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, 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.

Successor to Company. The Company will not merge or -------------------- consolidate with or into any other corporation or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporation, unless the corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent Holders and delivered to the Warrant AgentHolders, 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.

Successor to Company. The Company will not merge or -------------------- consolidate with or into any other corporation or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporation, unless the corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent holders and delivered to the Warrant Agentholders, 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.

Successor to Company. The Company will not merge or consolidate -------------------- with or into any other corporation Person or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporationPerson, unless the corporation Person resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, 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.

Successor to Company. The Company will not merge or ------------------- consolidate with or into any other corporation or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporation, unless the corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent and delivered to the Warrant AgentHolders, 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.

Successor to Company. The Company will not merge or consolidate with or into any other corporation or sell or otherwise transfer its property, assets assets, and business substantially as an entirety to a successor corporation, corporation unless the corporation resulting from such merger, consolidation, sale sale, or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, 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.

Successor to Company. The Company will not merge merger or consolidate with or into any other corporation or sell or otherwise transfer its property, assets and business substantially as an entirety to a successor corporation, unless the corporation resulting from such merger, consolidation, sale or transfer (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form and substance to the Warrant Agent and delivered to the Warrant Agent, 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.