Duration of Founder Warrants. A Founder Warrant may be exercised only during the period (“Exercise Period”) commencing on the later of (a) the consummation of an acquisition by the Company through a merger, capital stock exchange, asset acquisition, stock purchase or other similar business combination, of an operating business (“Business Combination”) (as described more fully in the Company’s Registration Statement) and (b) [one year from date of prospectus], 2008 and terminating at 5:00 p.m., New York City time on the earlier to occur of (x) [four years from date of prospectus], 2011 and (y) the date fixed for redemption of the Founder Warrants as provided in Section 6 of this Agreement (“Expiration Date”). Except with respect to the right to receive the Redemption Price (as set forth in Section 6 hereunder), each Founder Warrant not exercised on or before the Expiration Date shall become void, and all rights thereunder and all rights in respect thereof under this Agreement shall cease at the close of business on the Expiration Date. The Company in its sole discretion may extend the duration of the Founder Warrants by delaying the Expiration Date.
Appears in 2 contracts
Samples: Warrant Agreement (Shermen WSC Acquisition Corp), Warrant Agreement (Shermen WSC Acquisition Corp)
Duration of Founder Warrants. A Founder Warrant may be exercised only during the period (“Exercise Period”) commencing on the later of (a) the consummation of an acquisition by the Company through a merger, capital stock exchange, asset acquisition, stock purchase or other similar business combination, of an operating business (“Business Combination”) (as described more fully in the Company’s Registration Statement) and (b) [one year from date of prospectus], 2008 2007 and terminating at 5:00 p.m., New York City time on the earlier to occur of (x) [four years from date of prospectus], 2011 2010 and (y) the date fixed for redemption of the Founder Warrants as provided in Section 6 of this Agreement (“Expiration Date”). Except with respect to the right to receive the Redemption Price (as set forth in Section 6 hereunder), each Founder Warrant not exercised on or before the Expiration Date shall become void, and all rights thereunder and all rights in respect thereof under this Agreement shall cease at the close of business on the Expiration Date. The Company in its sole discretion may extend the duration of the Founder Warrants by delaying the Expiration Date.
Appears in 2 contracts
Samples: Warrant Agreement (Shermen WSC Acquisition Corp), Warrant Agreement (Shermen WSC Acquisition Corp)
Duration of Founder Warrants. A Founder Warrant may be exercised only during the period (“Exercise Period”) commencing on the later of (a) the consummation of an acquisition by the Company through a merger, capital stock exchange, asset acquisition, stock purchase or other similar business combination, of an operating business (“Business Combination”) (as described more fully in the Company’s Registration Statement) and (b) [one year from date of prospectus]May 24, 2008 and terminating at 5:00 p.m., New York City time on the earlier to occur of (x) [four years from date of prospectus]May 24, 2011 and (y) the date fixed for redemption of the Founder Warrants as provided in Section 6 of this Agreement (“Expiration Date”). Except with respect to the right to receive the Redemption Price (as set forth in Section 6 hereunder), each Founder Warrant not exercised on or before the Expiration Date shall become void, and all rights thereunder and all rights in respect thereof under this Agreement shall cease at the close of business on the Expiration Date. The Company in its sole discretion may extend the duration of the Founder Warrants by delaying the Expiration Date.
Appears in 2 contracts
Samples: Founder Warrant Agreement, Warrant Agreement (Westway Group, Inc.)