EXCHANGE, TRANSFER, ASSIGNMENT OR LOSS OF WARRANT. (a) During the one-year period commencing on the date first above written and ending immediately prior to the first anniversary thereof (the "RESTRICTED PERIOD"), this Warrant is not transferable or assignable by the Holder except with the prior written consent of the Issuer. Notwithstanding the foregoing, (i) the Holder may at any time prior to the expiration of this Warrant transfer or assign this Warrant in whole or in part to any Permitted Transferee, and (ii) upon expiration of the Restricted Period, the Holder may freely transfer or assign this Warrant in whole or in part to any third party without the prior consent of the Issuer. Issuer shall register any such transfer or assignment in the Register upon surrender of this Warrant, with the Form of Assignment attached as Schedule II hereto duly filled in and signed, to the Issuer at the office of Issuer specified in Section 1(a). Upon any such registration of transfer or assignment, a new Warrant, in substantially the form of this Warrant, evidencing the rights of the Holder so transferred shall be issued to the transferee and a new Warrant, in similar form, evidencing the rights of the Holder to purchase the balance of the Warrant Shares purchasable hereunder, if any, shall be issued to the Holder.
Appears in 3 contracts
Samples: 4 Development Agreement (Eaturna LLC), 3 Development Agreement (Starwood Hotel & Resorts Worldwide Inc), Starwood Hotel & Resorts Worldwide Inc
EXCHANGE, TRANSFER, ASSIGNMENT OR LOSS OF WARRANT. (a) During the one-year period commencing on the date first above written and ending immediately prior to the first anniversary thereof (the "RESTRICTED PERIODRestricted Period"), this Warrant is not transferable or assignable by the Holder except with the prior written consent of the Issuer. Notwithstanding the foregoing, (i) the Holder may at any time prior to the expiration of this Warrant transfer or assign this Warrant in whole or in part to any Permitted Transferee, and (ii) upon expiration of the Restricted Period, the Holder may freely transfer or assign this Warrant in whole or in part to any third party without the prior consent of the Issuer. Issuer shall register any such transfer or assignment in the Register upon surrender of this Warrant, with the Form of Assignment attached as Schedule II hereto duly filled in and signed, to the Issuer at the office of Issuer specified in Section 1(a). Upon any such registration of transfer or assignment, a new Warrant, in substantially the form of this Warrant, evidencing the rights of the Holder so transferred shall be issued to the transferee and a new Warrant, in similar form, evidencing the rights of the Holder to purchase the balance of the Warrant Shares purchasable hereunder, if any, shall be issued to the Holder.
Appears in 1 contract
Samples: Warrant And (Grill Concepts Inc)