Common use of Certificated Form Clause in Contracts

Certificated Form. If in certificated form, the warrant certificates (the “Warrant Certificates”) shall be substantially in the form attached hereto as Exhibit D. Warrant Certificates shall be signed by, or shall bear the facsimile signature of an Executive Officer of each Issuer and shall bear the Issuer’s corporate seal or a facsimile of the Issuer’s corporate seal. If any person, whose facsimile signature has been placed on any Warrant Certificate as the signature of an officer of an Issuer, shall have ceased to be an officer before the Warrant Certificate is countersigned, issued and delivered, the Warrant Certificate shall be countersigned, issued and delivered with the same effect as if the officer had not ceased to be an officer. Any Warrant Certificate may be signed by, or made to bear the facsimile signature of, any person who at the actual date of the preparation of the Warrant Certificate shall be a proper officer of an Issuer to sign the Warrant Certificate even though such person was not an officer upon the date of this Agreement. If a Warrant Agent other than the Issuer is appointed, and Warrant Certificates are issued after the appointment, Warrant Certificates shall be manually countersigned by the Warrant Agent and shall not be valid for any purposes unless so countersigned. The Warrant Agent hereby is authorized to countersign any Warrant Certificate that is properly issued and deliver the same to, or in accordance with the properly documented and verified instruction of, any registered Warrant Holder. Plan Warrant Agreement

Certificated Form. If in certificated form, the warrant certificates (the “Warrant Certificates”) shall be substantially in the form attached hereto as Exhibit D. Warrant Certificates shall be signed by, or shall bear the facsimile signature of an Executive Officer of each Issuer and shall bear the Issuer’s corporate seal or a facsimile of the Issuer’s corporate seal. If any person, whose facsimile signature has been placed on any Warrant Certificate as the signature of an officer of an Issuer, shall have ceased to be an officer before the Warrant Certificate is countersigned, issued and delivered, the Warrant Certificate shall be countersigned, issued and delivered with the same effect as if the officer had not ceased to be an officer. Any Warrant Certificate may be signed by, or made to bear the facsimile signature of, any person who at the actual date of the preparation of the Warrant Certificate shall be a proper officer of an Issuer to sign the Warrant Certificate even though such person was not an officer upon the date of this Agreement. If a Warrant Agent other than the Issuer is appointed, and Warrant Certificates are issued after the appointment, Warrant Certificates shall be manually countersigned by the Warrant Agent and shall not be valid for any purposes unless so countersigned. The Warrant Agent hereby is authorized to countersign any Warrant Certificate that is properly issued and deliver the same to, or in accordance with the properly documented and verified instruction of, any registered Warrant Holder. Plan Warrant Agreement.