Common use of Agreement of Warrant Holders Clause in Contracts

Agreement of Warrant Holders. The Holder, by his acceptance thereof, consents and agrees with the Company and any Transfer or Warrant Agent that: (a) The Warrants are transferable only on the registry books of the Company, any Transfer Agent or Warrant Agent by the Holder thereof in person or by his attorney duly authorized in writing and only if the warrant certificates representing such Warrants are surrendered at the office of the Company or the Transfer or Warrant Agent, if any, duly endorsed or accompanied by a proper instrument of transfer satisfactory to the Company and the Transfer or Warrant Agent, if any, in their sole discretion, together with payment of any applicable transfer taxes; (b) The Company and any Transfer or Warrant Agent may deem and treat the person in whose name the warrant certificate is registered as the Holder and as the absolute, true and lawful owner of the Warrants represented thereby for all purposes, and none of the Company, the Transfer Agent or the Warrant Agent shall be affected by any notice or knowledge to the contrary, except as otherwise expressly provided in Section 5 hereof; (c) Each Warrant shall be subject in all respects to the terms and conditions set forth in any amended warrant certificate upon the issuance thereof and upon the mailing by the Company of notice of the amendment of the terms and conditions of this Warrant; (d) Holder shall execute all such further instruments and documents and take such further action as the Company may reasonably require in order to effectuate the terms and purposes of this Warrant.

Agreement of Warrant Holders. The Holder, Every Holder by his acceptance thereof, accepting a Warrant Certificate consents and agrees with the Company and any Transfer or the Warrant Agent and with every other Holder that: (a) The Warrants Warrant Certificates are transferable only in accordance with the terms of this Agreement and only on the registry books of the Company, any Transfer Agent or Warrant Agent by the Holder thereof in person or by his attorney duly authorized in writing and only if the warrant certificates representing such Warrants are surrendered at the principal office of the Company or the Transfer or Warrant Agent, if anyAgent designated for such purpose, duly endorsed or accompanied by a proper instrument of transfer satisfactory to the Company transfer, and the Transfer or Warrant Agent, if any, otherwise in their sole discretion, together compliance with payment of any applicable transfer taxesSection 2; (b) The Company and any Transfer or the Warrant Agent may deem and treat the person in whose name the warrant certificate Warrant Certificate is registered as the Holder absolute owner thereof and as the absolute, true and lawful owner of the Warrants represented evidenced thereby for all purposes, and none (notwithstanding any notations of ownership or writing on the Company, Warrant Certificate made by anyone other than the Transfer Agent Company or the Warrant Agent) for all purposes whatsoever, and neither the Company nor the Warrant Agent shall will be affected by any notice or knowledge to the contrary, except as otherwise expressly provided in Section 5 hereof; (c) Each Warrant shall be subject in all respects Such Holder expressly waives any right to the terms receive any fractional Warrants and conditions set forth in any amended warrant certificate fractional securities upon the issuance thereof and upon the mailing by the Company exercise or exchange of notice of the amendment of the terms and conditions of this a Warrant;; and (d) Holder shall execute all such further instruments and documents and take such further action as Notwithstanding anything in this Agreement to the contrary, neither the Company may reasonably require in nor the Warrant Agent will have any liability to any Holder or other person as a result of its inability to perform any of its obligations under this Agreement by reason of any preliminary or permanent injunction or other order, decree, or ruling issued by a court of competent jurisdiction or by a governmental, regulatory, or administrative agency or commission, or any statute, rule, regulation, or executive order promulgated or enacted by any governmental authority, prohibiting or otherwise restraining performance of such obligation; provided, however, that the Company will use reasonable efforts to effectuate the terms and purposes of this Warranthave any such order, decree, or ruling lifted or otherwise overturned as soon as possible.

Agreement of Warrant Holders. The Holder, Every Holder by his acceptance thereof, accepting a Warrant Certificate consents and agrees with the Company and any Transfer or the Warrant Agent and with every other Holder that: (a) The Warrants the Warrant Certificates are transferable only in accordance with the terms of this Agreement and only on the registry books of the Company, any Transfer Agent or Warrant Agent by the Holder thereof in person or by his attorney duly authorized in writing and only if the warrant certificates representing such Warrants are surrendered at the principal office of the Company or the Transfer or Warrant Agent, if anyAgent designated for such purpose, duly endorsed or accompanied by a proper instrument of transfer satisfactory to the Company transfer, and the Transfer or Warrant Agent, if any, otherwise in their sole discretion, together compliance with payment of any applicable transfer taxesArticle 2; (b) The the Company and any Transfer or the Warrant Agent may deem and treat the person in whose name the warrant certificate Warrant Certificate is registered on the Certificate Register as the Holder absolute owner thereof and as the absolute, true and lawful owner of the Warrants represented evidenced thereby for all purposes, and none (notwithstanding any notations of ownership or writing on the Company, Warrant Certificate made by anyone other than the Transfer Agent Company or the Warrant Agent) for all purposes whatsoever, and neither the Company nor the Warrant Agent shall will be affected by any notice or knowledge to the contrary, except as otherwise expressly provided in Section 5 hereof; (c) Each Warrant shall be subject notwithstanding anything in all respects this Agreement to the terms and conditions set forth in contrary, the Warrant Agent will not have any amended warrant certificate upon the issuance thereof and upon the mailing liability to any Holder or other person as a result of its inability to perform any of its obligations under this Agreement by reason of any preliminary or permanent injunction or other order, decree or ruling issued by a court of competent jurisdiction or by a governmental, regulatory or administrative agency or commission, or any statute, rule, regulation or executive order promulgated or enacted by any governmental authority, prohibiting or otherwise restraining performance of such obligation; provided, however, that the Company of notice of the amendment of the terms and conditions of this Warrant; (d) Holder shall execute all will use commercially reasonable efforts to have any such further instruments and documents and take such further action order, decree or ruling lifted or otherwise overturned as the Company may reasonably require in order to effectuate the terms and purposes of this Warrantsoon as possible.