Amendments to Warrant Agreement. The parties hereto hereby agree to the following amendments to the Warrant Agreement:
Amendments to Warrant Agreement. To the extent required by this Agreement, the Warrant Agreement is hereby amended pursuant to Section 9.8 thereof to reflect the subject matter contained in this Agreement, effective as of the Closing, including as set forth below:
(a) Unless the context otherwise requires, from and after the Closing, any references in the Warrant Agreement or the Warrants to: (i) the “Company” shall mean PubCo; (ii) “Class A Common Stock”, “Common Stock” or “shares” shall mean the PubCo Shares; (iii) “stockholder” shall mean shareholder; and (iv) the “Board of Directors” or any committee thereof shall mean the board of directors of PubCo or any committee thereof.
Amendments to Warrant Agreement. The first two paragraphs of Section 1 of the Warrant Agreement are hereby amended and restated to read in their entirety as follows: “You grant to Us and We are entitled, upon the terms and subject to the conditions set forth in this Warrant Agreement, to purchase from You, at a price per share equal to the Exercise Price, up to 188,442 fully paid and non-assessable shares of your Common Stock.”
Amendments to Warrant Agreement. The parties hereto hereby agree to the following amendments to the Warrant Agreement and acknowledge and agree that the amendments to the Warrant Agreement set forth in this Section 2 (i) are necessary and desirable and do not adversely affect the rights of the Registered Holders under the Warrant Agreement in any material respect and (ii) are to provide for the delivery of Alternative Issuance pursuant to Section 4.5 of the Warrant Agreement:
Amendments to Warrant Agreement. To the extent required by this Agreement, the Warrant Agreement is hereby deemed amended pursuant to Section 9.8 thereof to reflect the subject matter contained in this Agreement, effective as of the Closing, including as set forth below:
(a) Except as context or applicable law or regulations, including those of any securities exchange on which the Warrants are listed, require otherwise, all references to “Warrant Agent” shall be deemed to refer to the Warrant Agent and the Co-Agent, as applicable.
(b) Section 2.2 of the Warrant Agreement is hereby amended by deleting such Section and replacing it entirely as follows:
Amendments to Warrant Agreement. The Company and the Warrant Agent may jointly, without the consent or concurrence of the Warrant Holders, by supplemental agreement or otherwise, make any amendments, alterations, deletions, or corrections in this Agreement that they deem necessary or desirable: (a) to cure any ambiguity or correct any defect, inconsistency, clerical omission or mistake, or manifest error contained herein; (b) to confer additional rights upon the Warrant Holders; or (c) in any other respect that does not adversely affect the rights of the Warrant Holders hereunder.
Amendments to Warrant Agreement. The Bank and the Warrant ------------------------------- Agent may, jointly, without the consent or concurrence of the Warrant Holders, by supplemental agreement or otherwise, make any amendments, alterations, deletions or corrections in this Agreement that they deem necessary or desirable: (a) to cure any ambiguity or correct any defect, inconsistency, clerical omission or mistake, or manifest error contained herein; (b) to confer additional rights upon the Warrant Holders; or (c) in any other respect that is not inconsistent with the provisions of the Warrants and which does not adversely affect the rights of the Warrant Holders hereunder. The Bank and the Warrant Agent also may supplement or amend the Warrant Agreement in any other respect without notice to any Warrant Holder but with the written consent of the holders of at least 50% in number of the Warrants then outstanding; provided, -------- however, that no such supplement or amendment may (i) make any modification of ------- the terms upon which the Warrants are exercisable or (ii) change the percentage of the holders of the Warrants who must consent to such amendment or supplement, without the consent of each Warrant Holder affected thereby.
Amendments to Warrant Agreement. The parties hereto hereby agree to the following amendments to the Warrant Agreement:
(a) The defined terms in this Amendment, including in the preamble and recitals hereto, and the definitions incorporated by reference from the Business Combination Agreement, are hereby added to the Warrant Agreement as if they were set forth therein.
(b) The parties hereby agree that the term “Warrants” as used in the Warrant Agreement shall include any and all warrants of Pubco into which the Warrants automatically convert upon the Effective Time. The parties further agree that any reference (as applicable and as appropriate) in the Warrant Agreement to a Warrant will instead refer to the warrants of Pubco (and any warrants of Pubco or any successor entity issued in consideration of or in exchange for any of such warrants).
Amendments to Warrant Agreement. 14 Section 6.05 Binding Agreement................................ 14 Section 6.06 Copies of Agreement with Warrant Agent........... 14 Section 6.07 Notices.......................................... 14 Section 6.08 Governing Law.................................... 15 Section 6.09 Headings......................................... 15 Section 6.10 Counterparts..................................... 15 WARRANT AGREEMENT THIS AGREEMENT is dated as of ______________, 1997, by and between INDUSTRIAL HOLDINGS, INC., a Texas corporation ("Company"), and CHASEMELLON SHAREHOLDER SERVICES (herein with any successor or alternate agent called the "Warrant Agent"), with reference to the following recitals:
Amendments to Warrant Agreement. The Company may, without the consent or concurrence of the Warrant Holders, by supplemental agreement or otherwise, make any amendments, alterations, deletions, or corrections in this Agreement that it deem necessary or desirable: (a) to cure any ambiguity or correct any defect, inconsistency, clerical omission or mistake, or manifest error contained herein; (b) to confer additional rights upon the Warrant Holders; or (c) in any other respect that does not adversely affect the rights of the Warrant Holders hereunder.
