Exchange by Holder of Warrants for Shares of Common Stock. 1.1.1. Subject to the terms and conditions of this Agreement, the Holder herewith transfers and assigns to the Company the Holder Warrants in exchange for shares of the Common Stock of the Company at the exchange rate of three (3) Warrants for each one (1) share of Common Stock. 1.1.2. In order to consummate the foregoing transaction, upon execution of this Agreement, the Holder shall deliver to the Company, at its address set forth in subparagraph 7.3 hereof, (i) this Agreement in duplicate executed on the Signature Page hereof, (ii) the original executed Holder Warrants, (iii) the executed warrant assignment attached hereto as Addendum A (the "Warrant Assignment"). 1.1.3. Concurrently with the execution of this Agreement and promptly upon receipt by the Company of (i) the execution copies of this Agreement bearing Holder's signature and (ii) the original executed Holder Warrants, and (iii) executed Warrant Assignment, the Company shall deliver to the Holder (A) an execution copy of this Agreement signed on behalf of the Company. The Company shall retain custody of the certificates for the Exchange Shares for delivery upon the sale of those shares to the Company as provided in paragraph 4.3 hereof, subject the paragraphs 3.2 and 4.4 hereof.
Appears in 3 contracts
Samples: Recapitalization Agreement (Black Warrior Wireline Corp), Recapitalization Agreement (Black Warrior Wireline Corp), Recapitalization Agreement (Underbrink Charles E)
Exchange by Holder of Warrants for Shares of Common Stock. 1.1.1. Subject to the terms and conditions of this Agreement, the Holder herewith transfers and assigns to the Company the Holder Warrants in exchange for shares of the Common Stock of the Company at the exchange rate of three (3) Warrants for each one (1) share of Common Stock.
1.1.2. In order to consummate the foregoing transaction, upon execution of this Agreement, the Holder shall deliver to the Company, at its address set forth in subparagraph 7.3 4.3 hereof, (i) this Agreement in duplicate executed on the Signature Page hereof, (ii) the original executed Holder Warrants, and (iii) the executed warrant assignment attached hereto as Addendum A (the "Warrant Assignment").
1.1.3. Concurrently with the execution of this Agreement and promptly Promptly upon receipt by the Company Company, but no sooner than the expiration of the Exchange Period, of (i) the execution copies of this Agreement bearing Holder's signature and (ii) the original executed Holder Warrants, Warrants and (iii) executed Warrant Assignment, the Company shall deliver to the Holder (A) an execution copy of this Agreement signed on behalf of the Company. The Company shall retain custody of the certificates and, (B) a certificate for the number of Exchange Shares for delivery upon which the sale of those shares Holder is entitled to receive pursuant to the Company as provided in paragraph 4.3 hereof, subject the paragraphs 3.2 and 4.4 hereofterms of this Agreement.
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Samples: Recapitalization Agreement (Black Warrior Wireline Corp)