Common use of Automatic Rescission of Exercise Clause in Contracts

Automatic Rescission of Exercise. Delivery of a Call Notice does not give rise to an obligation on the part of the Warrantholder to pay the Call Price. With respect to each Warrant exercised, if by 4 p.m. New York time on the Business Day prior to the Call Date the applicable Warrantholder has not paid the applicable Call Price for a Warrant to the Warrant Agent, except to the extent the Call Notice relates to a tender offer or redemption of Underlying Securities addressed in Section 1.1(i) below, then the exercise of the applicable Warrant shall be automatically rescinded, the applicable Warrant shall be reinstated, no Call Date with respect thereto shall be deemed to have occurred and no Call Notice deemed given, and the applicable Warrantholder shall be entitled to exercise such reinstated Warrants in the future.

Appears in 23 contracts

Samples: Trust Agreement (MS Structured SATURNS Series 2006-2), Trust Agreement (MS Structured Saturns Series 2005-3), Trust Agreement (MS Structured SATURNS Series 2006-1)

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