Common use of Appointment of Warrant Agent; Issuance of Warrants Clause in Contracts

Appointment of Warrant Agent; Issuance of Warrants. (a) The Company hereby appoints the Warrant Agent to act as agent for the Company for the Warrants, and the Warrant Agent hereby accepts such appointment and agrees to perform the same in accordance with the express terms and conditions set forth in this Warrant Agreement. (b) Each Warrant shall initially represent the right, subject to the provisions contained herein and therein, to purchase one Warrant Share subject to adjustment as provided herein. The Warrants shall initially entitle the Holders of such Warrants to purchase, in the aggregate, up to 11,111,112 Warrant Shares, as such amount may be adjusted from time to time pursuant to this Warrant Agreement, upon the exercise of all of the Warrants in accordance with the terms of this Warrant Agreement. (c) On the terms and subject to the conditions of this Warrant Agreement and in accordance with the terms of the Plan, on or as soon as practicable after the Effective Date, the Company shall issue the Warrants. (d) The Warrants shall be issued in uncertificated form by book-entry registration in the Warrant Register with the issuance thereof confirmed by statements delivered by the Warrant Agent to the Holders of the Warrants reflecting such book-entry positions (the “Warrant Statements”).