Common use of Authentication of Definitive Clause in Contracts

Authentication of Definitive. Warrants in Absence of Depositary. -------------------------------------------------------------- If at any time: (i) the Depositary for the Global Warrants notifies the Company that the Depositary is unwilling or unable to continue as Depositary for the Global Warrant and a successor Depositary for the Global Warrant is not appointed by the Company within 90 days after delivery of such notice; or (ii) the Company, at its sole discretion, notifies the Warrant Agent in writing that it elects to cause the issuance of Definitive Warrants under this Warrant Agreement, then the Company will execute, and the Warrant Agent, upon receipt of an Officers' Certificate requesting the countersignature and delivery of Definitive Warrants, will countersign and deliver Definitive Warrants, in an aggregate number equal to the aggregate number of Warrants represented by the Global Warrant, in exchange for such Global Warrant.

Appears in 1 contract

Samples: Warrant Agreement (Gothic Energy Corp)

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Authentication of Definitive. Warrants in Absence of Depositary. -------------------------------------------------------------- If at any time: (i) the Depositary for the Global Warrants notifies the Company that the Depositary is unwilling or unable to continue as Depositary for the Global Warrant and a successor Depositary for the Global Warrant is not appointed by the Company within 90 days after delivery of such notice; or (ii) the Company, at its sole discretion, notifies the Warrant Agent in writing that it elects to cause the issuance of Definitive Warrants under this Warrant Agreement, then the Company will execute, and the Warrant Agent, upon receipt of an Officersofficers' Certificate certificate, signed by the President, Chief Executive Officer, Chief Operating Officer, Chief Financial Officer or a Vice President of the Company, requesting the countersignature counter-signature and delivery of Definitive Warrants, will countersign and deliver Definitive Warrants, in an aggregate number equal to the aggregate number of Warrants represented by the Global Warrant, in exchange for such Global Warrant.

Appears in 1 contract

Samples: Merger Agreement (Algos Pharmaceutical Corp)

Authentication of Definitive. Warrants in Absence of Depositary. -------------------------------------------------------------- If at any time: (i) the Depositary for the Global Warrants notifies the Company that the Depositary is unwilling or unable to continue as Depositary for the Global Warrant and a successor Depositary for the Global Warrant is not appointed by the Company within 90 days after delivery of such notice; or (ii) the Company, at its sole discretion, notifies the Warrant Agent in writing that it elects to cause the issuance of Definitive Warrants under this Warrant Agreement, then the Company will execute, and the Warrant Agent, upon receipt of an officers' certificate signed by two officers of the Company (one of whom must be the principal executive officer, principal financial officer or principal accounting officer) (an "Officers' Certificate Certificate") requesting the countersignature authentication --------------------- and delivery of Definitive Warrants, will countersign authenticate and deliver Definitive Warrants, in an aggregate number equal to the aggregate number of Warrants warrants represented by the Global Warrant, in exchange for such Global Warrant.

Appears in 1 contract

Samples: Warrant Agreement (Call Points Inc)

Authentication of Definitive. Warrants in Absence of Depositary. -------------------------------------------------------------- If at any time: (i) the Depositary for the Global Warrants notifies the Company that the Depositary is unwilling or unable to continue as Depositary for the Global Warrant and a successor Depositary for the Global Warrant is not appointed by the Company within 90 days after delivery of such notice; or (ii) the Company, at its sole discretion, notifies the Warrant Agent in writing that it elects to cause the issuance of Definitive Warrants under this Warrant Agreement, then the Company will execute, and the Warrant Agent, upon receipt of an officers' certificate signed by two officers of the Company (one of whom must be the principal executive officer, principal financial officer or principal accounting officer) (an "Officers' Certificate Certificate") requesting the countersignature --------------------- and delivery of Definitive Warrants, will countersign and deliver Definitive Warrants, in an aggregate number equal to the aggregate number of Warrants warrants represented by the Global Warrant, in exchange for such Global Warrant.

Appears in 1 contract

Samples: Warrant Agreement (Unifi Communications Inc)

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Authentication of Definitive. Warrants in Absence of Depositary. -------------------------------------------------------------- If at any time: (i) the Depositary for the Global Warrants notifies the Company that the Depositary is unwilling or unable to continue as Depositary for the Global Warrant and a successor Depositary for the Global Warrant is not appointed by the Company within 90 days after delivery of such notice; or (ii) the Company, at its sole discretion, notifies the Warrant Agent in writing that it elects to cause the issuance of Definitive Warrants under this Warrant Agreement, then the Company will execute, and the Warrant Agent, upon receipt of an officers' certificate signed by two officers of the Company (one of whom must be the principal executive officer, principal financial officer or principal accounting officer) (an "Officers' Certificate Certificate") requesting the countersignature authentication and delivery of Definitive Warrants, will countersign authenticate and deliver Definitive Warrants, in an aggregate number equal to the aggregate number of Warrants warrants represented by the Global Warrant, in exchange for such Global Warrant.

Appears in 1 contract

Samples: Warrant Agreement (Diva Systems Corp)

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