Common use of Change of Warrant Agent Clause in Contracts

Change of Warrant Agent. If the Warrant Agent shall resign (such resignation to become effective not earlier than thirty days after the giving of written notice thereof to the Company and the registered holders of Warrants) or becomes incapable of acting as Warrant Agent, or upon the election of the Company which may be made at any time, the Company shall appoint a successor. If the Company shall fail to make that appointment within a period of thirty days after it has been so notified in writing by the Warrant Agent or by the registered holder of a Warrant (in the case of incapacity), then the registered holder of any Warrant may apply to any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending appointment of a successor to the Warrant Agent, either by the Company or by such a court, the duties of the Warrant Agent shall be carried out by the Company. After appointment the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; but the former Warrant Agent shall deliver and transfer to the successor warrant agent any property at the time held by it hereunder and execute and deliver, at the expense of the Company, any further assurance, conveyance, act or deed necessary for the purpose. Failure to give any notice provided for in this paragraph 18, however, or any defect therein, shall not affect the legality or validity or the removal of the Warrant Agent or the appointment of a successor warrant agent, as the case may be.

Change of Warrant Agent. (a) If the Company terminates the Warrant Agent or the Warrant Agent shall resign (such resignation to become effective not earlier than thirty days after the giving of written notice thereof to the Company and the registered holders of Warrants) or becomes incapable of acting as Warrant Agent, Agent or upon the election of the Company which may be made at any timeshall resign as provided below, the Company shall appoint a successorsuccessor to such Warrant Agent. If the Company shall fail to make that such appointment within a period of thirty 30 days after it has been so notified in writing by terminated the Warrant Agent or it has been notified in writing of a resignation or incapacity by the registered holder of a Warrant (in the case of incapacity)Agent, then the registered holder of any Warrant Certificate may apply to any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending appointment of a successor to the such Warrant Agent, either by the Company or by such a court, the duties of the Warrant Agent shall be carried out by the Company. After appointment appointment, the successor warrant agent to the Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; but , however, the former Warrant Agent shall deliver and transfer to the successor warrant agent to the Warrant Agent any property at the time held by it hereunder and execute and deliver, at the expense of the Company, deliver any further assurance, conveyance, act or deed necessary for the purpose. As soon as practicable after appointment of the successor Warrant Agent, the Company shall cause written notice of the change in the Warrant Agent to be given to each of the holders at such holder’s address appearing on the Warrant Register. Failure to give any notice provided for in this paragraph 18Section 23, however, or any defect therein, shall not affect the legality or validity or the removal of the Warrant Agent or the appointment of a successor warrant agent, as to the case may beWarrant Agent.

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Agreement by giving to the Company and the Holders, at their addresses appearing on the Warrant register, notice in writing of such resignation, specifying a date when such resignation shall take effect. The Company may remove the Warrant Agent by like notice to the Warrant Agent and to the Holders. If the Warrant Agent shall resign (such resignation to or be removed or shall otherwise become effective not earlier than thirty days after the giving of written notice thereof to the Company and the registered holders of Warrants) or becomes incapable of acting as Warrant Agent, or upon the election of the Company which may be made at any timeacting, the Company shall appoint a successorsuccessor to the Warrant Agent. If the Company shall fail to make that such appointment within a period of thirty (30) days after it such resignation or incapacity or after the Company has been so notified in writing received notice from a Holder (who shall, with such notice, submit his Warrant for inspection by the Warrant Agent or by the registered holder of a Warrant (in the case of incapacityCompany), then the registered holder of any Warrant Holder may apply to any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending appointment of a Any successor to the Warrant Agent, either whether appointed by the Company or by such a court, shall be a bank or trust company, in good standing, incorporated under New York or federal law. After appointment, the duties of the successor Warrant Agent shall be carried out by the Company. After appointment the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; but deed and the former Warrant Agent shall deliver and transfer to the successor warrant agent any Warrant Agent all cancelled Warrants, records and property at the time held by it hereunder hereunder, and execute and deliver, at the expense of the Company, deliver any further assurance, conveyance, act assurance or deed conveyance necessary for the purpose. Failure to give file or mail any notice provided for in this paragraph 18Section, however, or any defect therein, shall not affect the legality validity of the resignation or validity or the removal of the Warrant Agent or the appointment of a the successor warrant agentWarrant Agent, as the case may be.

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Agreement by giving notice in writing to the Company and by giving notice by mailing to holders of the Warrants at their addresses as such addresses appear on the Warrant register of such resignation, specifying a date when such resignation shall take effect, which date shall not be less than 30 days after the mailing of said notice. The Warrant Agent may be removed at the discretion of the Company by like notice to the Warrant Agent from the Company and by like mailing of notice to the holders of the Warrants. If the Warrant Agent shall resign (such resignation to or be removed or otherwise become effective not earlier than thirty days after the giving of written notice thereof to the Company and the registered holders of Warrants) or becomes incapable of acting as Warrant Agent, or upon the election of the Company which may be made at any timeacting, the Company shall appoint a successorsuccessor to the Warrant Agent. If the Company shall fail to make that such appointment within a period of thirty 30 days after such removal, or after it has been so notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent or by the registered holder of a Warrant (in who shall, with such notice, submit his Warrant for inspection by the case of incapacityCompany), then the registered holder of any Warrant may apply to any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending appointment of a After appointment, any successor to the Warrant Agent, either by the Company or by such a court, the duties of the Warrant Agent shall be carried out by the Company. After appointment the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; but the former Warrant Agent shall deliver and transfer to the successor warrant agent any property at the time held by it hereunder and execute and deliver, at the expense of the Company, any further assurance, conveyance, act or deed necessary for the purpose. Failure to give any notice provided for in this paragraph 18, however, or any defect therein, shall not affect the legality or validity or the removal of the Warrant Agent or the appointment of a successor warrant agent, as the case may be.,

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Agreement by giving to the Company 30 days' notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign (such resignation to become effective not earlier than thirty days after the giving of written notice thereof to the Company and the registered holders of Warrants) or becomes be removed or shall otherwise be incapable of acting as Warrant Agent, or upon the election of the Company which may be made at any timeacting, the Company shall appoint a successorsuccessor to the Warrant Agent. If the Company shall fail to make that such appointment within a period of thirty 30 days after such removal or after it has been so notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent or by any Holder (who shall with such notice submit his Warrant for inspection by the registered holder of a Warrant (in the case of incapacityCompany), then the registered holder of any Warrant Holder may apply to any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending appointment of a successor to the Warrant Agent, either by the Company or by such a court, the duties of the Warrant Agent shall be carried out by the Company. Any successor warrant agent, whether appointed by the Company or such a court, shall be a bank or trust company in good standing, incorporated under the laws of the United States of America or any State thereof or the District of Columbia and having at the time of its appointment as warrant agent a combined capital and surplus of at least $50,000,000. After appointment appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; but the former Warrant Agent shall deliver and transfer to the successor warrant agent any property at the time held by it hereunder hereunder, and execute and deliver, at the expense of the Company, deliver any further assurance, conveyance, act or deed necessary for the such purpose. Failure to give file any notice provided for in this paragraph Section 18, however, or any defect therein, shall not affect the legality or validity or the removal of the Warrant Agent or the appointment of a successor warrant agent, as the case may be.defect

Change of Warrant Agent. If the Warrant Agent shall resign (such resignation to become effective not earlier than thirty 30 days after the giving of written notice thereof to the Company and the registered holders of WarrantsWarrant certificates) or becomes shall become incapable of acting as Warrant Agent, or upon the election of the Company which may be made at any time, the Company shall appoint a successor. If the Company shall fail to make that appointment within a period of thirty 30 days after it has been so notified in writing by the Warrant Agent or by the registered holder of a Warrant (in the case of incapacity), then the registered holder of any Warrant may apply to any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending appointment of a successor to the Warrant Agent, either by the Company or by such a court, the duties of the Warrant Agent shall be carried out by the Company. Any successor Warrant Agent whether appointed by the Company or by a court, shall be a bank, trust company or transfer agent, in good standing, incorporated under the laws of the State of Oklahoma, New York or of the United States of America, and must have at the time of its appointment as Warrant Agent. After appointment the successor warrant agent Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; but the former Warrant Agent shall deliver and transfer to the successor warrant agent Warrant Agent any property at the time held by it hereunder and execute and deliver, at the expense of the Company, any further assurance, conveyance, act or deed necessary for the purpose. Failure to give any notice provided for in this paragraph 18Section 16, however, or any defect therein, therein shall not affect the legality or validity or of the removal of the Warrant Agent or the appointment of a successor warrant agent, Warrant Agent as the case may be.

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Agreement by giving to the Company 30 days notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign (such resignation to or be removed or shall otherwise become effective not earlier than thirty days after the giving of written notice thereof to the Company and the registered holders of Warrants) or becomes incapable of acting as Warrant Agent, or upon the election of the Company which may be made at any timeacting, the Company shall appoint a successorsuccessor to the Warrant Agent. If the Company shall fail to make that such appointment within a period of thirty 30 days after such removal or after it has been so notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent or by the registered holder of Holder or a Warrant (in who shall with such notice submit his Warrant for inspection by the case of incapacityCompany), then the registered holder Holder of any Warrant may apply to any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending appointment of a Any successor to the Warrant Agent, either whether appointed by the Company or by such a court, shall be a bank, trust company, or securities transfer agency, in good standing, incorporated under the duties laws of the Warrant Agent shall be carried out by states of California, Delaware, New Jersey, New York, Nevada or Utah or of the CompanyUnited States of America. After appointment the successor warrant agent Warrant Agent shall be vested with the same powers, rights, duties duties, and responsibilities as if it had been originally named as Warrant Agent without further act or deed; but the former Warrant Agent shall deliver and transfer to the successor warrant agent Warrant Agent any property at the time held by it hereunder and execute and deliver, at the expense of the Company, any further assurance, conveyance, act or deed necessary for the purpose. Failure to give any notice provided for in this paragraph 18, however, or any defect therein, shall not affect the legality or validity or the removal of the Warrant Agent or the appointment of a successor warrant agent, as the case may be.the

Change of Warrant Agent. If the Warrant Agent shall resign (such resignation to become effective not earlier than thirty days after the giving of written notice thereof to the Company and the registered holders of Warrants) or becomes incapable of acting as Warrant Agent, or upon the election of the Company which may be made at any time, the Company shall appoint a successorsuccessor to such Warrant Agent. If the Company shall fail to make that such appointment within a period of thirty 30 days after it has been so notified in writing of such incapacity by the Warrant Agent or by the registered holder of a Warrant (in the case of incapacity)Certificate, then the registered holder of any Warrant may apply to any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending appointment of a successor to the such Warrant Agent, either by the Company or by such a court, the duties of the Warrant Agent shall be carried out by the Company. The holders of a majority of the unexercised Warrants shall be entitled at any time to remove the Warrant Agent and appoint a successor to such Warrant Agent. Such successor to the Warrant Agent need not be approved by the Company or the former Warrant Agent. After appointment the successor warrant agent to the Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; but provided that the former Warrant Agent shall deliver and transfer to the successor warrant agent to the Warrant Agent any property at the time held by it hereunder and execute and deliver, at the expense of the Company, deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to give any notice provided for in this paragraph 18, however, or any defect therein, shall not affect the legality or validity or the removal of the Warrant Agent or the appointment of a successor warrant agent, as the case may be.the

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Agreement by giving the Company at least 30 days prior notice in writing, and by mailing notice in writing to the registered holders at their addresses appearing on the Warrant Register, of such resignation, specifying a date when such resignation shall take effect. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company and by like mailing of notice to the registered holders of the Warrants. If the Warrant Agent shall resign (such resignation to become effective not earlier than thirty days after the giving of written notice thereof to the Company and the registered holders of Warrants) resigns or is removed or otherwise becomes incapable of acting as Warrant Agent, or upon the election of the Company which may be made at any timeacting, the Company shall appoint a successorsuccessor to the Warrant Agent. If the Company shall fail fails to make that such appointment within a period of thirty 30 days after such removal or after it has been so notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent or by the registered holder of a Warrant (in who shall, with such notice, submit his Warrant certificate for inspection by the case of incapacityCompany), then the registered holder of any Warrant may apply to any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending appointment of a Any successor to the Warrant Agent, either whether appointed by the Company or by such a court, must be registered and otherwise authorized to serve as a transfer agent pursuant to the duties Securities Exchange Act of 1934, as amended. If at any time the Warrant Agent shall ceases to be carried out by eligible in accordance with the Companyprovisions of this Section 16, it will resign immediately in the manner and with the effect specified in this Section 16. After appointment the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; but the former Warrant Agent shall deliver and transfer to the successor warrant agent any property at the time held by it hereunder and execute and deliver, at the expense of the Company, any further assurance, conveyance, act or deed necessary for the purpose. Failure to give any notice provided for in this paragraph 18, however, or any defect therein, shall not affect the legality or validity or the removal of the Warrant Agent or the appointment of a successor warrant agent, as the case may be.acceptance