Common use of Agreement of Warrant Holders Clause in Contracts

Agreement of Warrant Holders. Every Holder by accepting a Warrant ---------------------------- Certificate consents and agrees with the Company and the Warrant Agent and with every other Holder that: (a) The Warrant Certificates are transferable only in accordance with the terms of this Agreement and only on the registry books of the Warrant Agent if surrendered at the principal office of the Warrant Agent designated for such purpose, duly endorsed or accompanied by a proper instrument of transfer, and otherwise in compliance with Section 2; (b) The Company and the Warrant Agent may deem and treat the person in whose name the Warrant Certificate is registered as the absolute owner thereof and of the Warrants evidenced thereby (notwithstanding any notations of ownership or writing on the Warrant Certificate made by anyone other than the Company or the Warrant Agent) for all purposes whatsoever, and neither the Company nor the Warrant Agent will be affected by any notice to the contrary; (c) Such Holder expressly waives any right to receive any fractional Warrants and any fractional securities upon exercise or exchange of a Warrant; and (d) Notwithstanding anything in this Agreement to the contrary, neither the Company 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 have any such order, ------- decree, or ruling lifted or otherwise overturned as soon as possible.

Agreement of Warrant Holders. Every Holder by accepting a Warrant ---------------------------- Certificate consents and agrees with the Company and the Warrant Agent and with every other Holder that: (a) The Warrant Certificates are transferable only in accordance with the terms of this Agreement and only on the registry books of the Warrant Agent if surrendered at the principal office of the Warrant Agent designated for such purpose, duly endorsed or accompanied by a proper instrument of transfer, and otherwise in compliance with Section 2; (b) The Company and the Warrant Agent may deem and treat the person or entity in whose name the Warrant Certificate is registered as the absolute owner thereof and of the Warrants evidenced thereby (notwithstanding any notations of ownership or writing on the Warrant Certificate made by anyone other than the Company or the Warrant Agent) for all purposes whatsoever, and neither the Company nor the Warrant Agent will be affected by any notice to the contrary; (c) Such The Holder expressly waives any right to receive any fractional Warrants and any fractional securities upon exercise or exchange of a Warrant; and (d) Notwithstanding anything in this Agreement to the contrary, neither the Company nor the Warrant Agent will have any liability to any Holder or other person or entity 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, decree or ruling issued by a court of competent jurisdiction or by a governmental, regulatory, regulatory or administrative agency or commission, or any statute, rule, regulation, 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 have any such order, ------- decree, decree or ruling lifted or otherwise overturned as soon as possible.

Agreement of Warrant Holders. Every Holder by accepting a Warrant ---------------------------- Certificate consents and agrees with the Company and the Warrant Agent and with every other Holder that: (a) The Warrant Certificates are transferable only in accordance with the terms of this Agreement and only on the registry books of the Warrant Agent if surrendered at the principal office of the Warrant Agent designated for such purpose, duly endorsed or accompanied by a proper instrument of transfer, and otherwise in compliance with Section 2; (b) The Company and the Warrant Agent may deem and treat the person in whose name the Warrant Certificate is registered as the absolute owner thereof and of the Warrants evidenced thereby (notwithstanding any notations of ownership or writing on the Warrant Certificate made by anyone other than the Company or the Warrant Agent) for all purposes whatsoever, and neither the Company nor the Warrant Agent will be affected by any notice to the contrary; (c) Such Holder expressly waives any right to receive any fractional Warrants and any fractional securities upon exercise or exchange of a Warrant, except as otherwise provided in Section 5 hereof; and (d) Notwithstanding anything in this Agreement to the contrary, neither the Company 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; providedPROVIDED, -------- howeverHOWEVER, that the Company will use reasonable efforts to have any such order, ------- decree, or ruling lifted or otherwise overturned as soon as possible.

Agreement of Warrant Holders. Every Holder by accepting a Warrant ---------------------------- Certificate consents and agrees with the Company and the Warrant Agent and with every other Holder that: (a) The Warrant Certificates are transferable only in accordance with the terms of this Agreement and only on the registry books of the Warrant Agent if surrendered at the principal office of the Warrant Agent designated for such purpose, duly endorsed or accompanied by a proper instrument of transfer, and otherwise in compliance with Section SECTION 2; (b) The Company and the Warrant Agent may deem and treat the person in whose name the Warrant Certificate is registered as the absolute owner thereof and of the Warrants evidenced thereby (notwithstanding any notations of ownership or writing on the Warrant Certificate made by anyone other than the Company or the Warrant Agent) for all purposes whatsoever, and neither the Company nor the Warrant Agent will be affected by any notice to the contrary; (c) Such Holder expressly waives any right to receive any fractional Warrants and any fractional securities upon exercise or exchange of a Warrant; and (d) Notwithstanding anything in this Agreement to the contrary, neither the Company 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, decree or ruling issued by a court of competent jurisdiction or by a governmental, regulatory, regulatory or administrative agency or commission, or any statute, rule, regulation, regulation or executive order promulgated or enacted by any governmental authority, prohibiting or otherwise restraining performance of such obligation; providedPROVIDED, -------- howeverHOWEVER, that the Company will use reasonable efforts to have any such order, ------- decree, decree or ruling lifted or otherwise overturned as soon as possible.

Agreement of Warrant Holders. Every Warrant Holder by accepting a Warrant ---------------------------- Certificate consents and agrees with the Company and the Warrant Agent and with every other Warrant Holder that: (a1) The Warrant Certificates are transferable only in accordance with the terms of this Warrant Agreement and only on the registry books Warrant Register of the Warrant Agent if surrendered at the principal office of the Warrant Agent designated for such purpose, duly endorsed or accompanied by a proper instrument of transfer, and otherwise in compliance with Section 2; (b) The Company and the Warrant Agent may deem and treat the person in whose name the Warrant Certificate is registered as the absolute owner thereof and of the Warrants evidenced thereby (notwithstanding any notations of ownership or writing on the Warrant Certificate made by anyone other than the Company or the Warrant Agent) for all purposes whatsoever, and neither the Company nor the Warrant Agent will be affected by any notice to the contrary; (c2) Such Warrant Holder expressly waives any right to receive any fractional WRT Warrants and any fractional securities upon exercise or exchange of a WRT Warrant; and (d3) Notwithstanding anything in this WRT Agreement to the contrary, neither the Company nor the Warrant Agent will have any liability to any Warrant Holder or other person as a result of its inability to perform any of its obligations under this WRT Agreement by reason of any preliminary or permanent injunction or other order, decree, decree or ruling issued by a court of competent jurisdiction or by a governmental, regulatory, regulatory or administrative agency or commission, or any statute, rule, regulation, 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 have any such order, ------- decree, decree or ruling lifted or otherwise overturned as soon as possible.

Agreement of Warrant Holders. Every Holder by accepting a Warrant ---------------------------- Certificate consents and agrees with the Company and the Warrant Agent and with every other Holder that: (a) The Warrant Certificates are transferable only in accordance with the terms of this Agreement and only on the registry books of the Warrant Agent if surrendered at the principal office of the Warrant Agent designated for such purpose, duly endorsed or accompanied by a proper instrument of transfer, and otherwise in compliance with Section 2; (b) The Company and the Warrant Agent may deem and treat the person in whose name the Warrant Certificate is registered as the absolute owner thereof and of the Warrants evidenced thereby (notwithstanding any notations of ownership or writing on the Warrant Certificate made by anyone other than the Company or the Warrant Agent) for all purposes whatsoever, and neither the Company nor the Warrant Agent will be affected by any notice to the contrary; (c) Such Holder expressly waives any right to receive any fractional Warrants and any fractional securities upon exercise or exchange of a Warrant; and (d) Notwithstanding anything in this Agreement to the contrary, neither the Company 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, -------- -18- however, that the Company will use reasonable efforts to have any such order, ------- decree, or ruling lifted or otherwise overturned as soon as possible.

Agreement of Warrant Holders. Every Holder by accepting a Warrant ---------------------------- Certificate consents and agrees with the Company and the Warrant Agent and with every other Holder that: (a) The the Warrant Certificates are transferable only in accordance with the terms of this Agreement and only on the registry books of the Warrant Agent if surrendered at the principal office of the Warrant Agent designated for such purpose, duly endorsed or accompanied by a proper instrument of transfer, and otherwise in compliance with Section Article 2; (b) The the Company and the Warrant Agent may deem and treat the person Person in whose name the Warrant Certificate is registered on the Certificate Register as the absolute owner thereof and of the Warrants evidenced thereby (notwithstanding any notations of ownership or writing on the Warrant Certificate made by anyone other than the Company or the Warrant Agent) for all purposes whatsoever, and neither the Company nor the Warrant Agent will be affected by any notice to the contrary; (c) Such Holder expressly waives any right to receive any fractional Warrants and any fractional securities upon exercise or exchange of a Warrant; and (d) Notwithstanding notwithstanding anything in this Agreement to the contrary, neither the Company nor the Warrant Agent will not have any liability to any Holder or other person 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, decree or ruling issued by a court of competent jurisdiction or by a governmental, regulatory, regulatory or administrative agency or commission, or any statute, rule, regulation, 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 commercially reasonable efforts to have any such order, ------- decree, decree or ruling lifted or otherwise overturned as soon as possible.

Agreement of Warrant Holders. Every Holder by accepting a Warrant ---------------------------- Certificate consents and agrees with the Company and the Warrant Agent and with every other Holder that: (a) The Warrant Certificates are transferable only in accordance with the terms of this Agreement and only on the registry books of the Warrant Agent if surrendered at the principal office of the Warrant Agent designated for such purpose, duly endorsed or accompanied by a proper instrument of transfer, and otherwise in compliance with Section 2; (b) The Company and the Warrant Agent may deem and treat the person in whose name the Warrant Certificate is registered as the absolute owner thereof and of the Warrants evidenced thereby (notwithstanding any notations of ownership or writing on the Warrant Certificate made by anyone other than the Company or the Warrant Agent) for all purposes whatsoever, and neither the Company nor the Warrant Agent will be affected by any notice to the contrary; (c) Such Holder expressly waives any right to receive any fractional Warrants and any fractional securities upon exercise or exchange of a Warrant; and (d) Notwithstanding anything in this Agreement to the contrary, neither the Company 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, decree or ruling issued by a court of competent jurisdiction or by a governmental, regulatory, regulatory or administrative agency or commission, or any statute, rule, regulation, 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 have any such order, ------- decree, decree or ruling lifted or otherwise overturned as soon as possible.