Common use of Execution and Countersignature Clause in Contracts

Execution and Countersignature. (a) With respect to the Warrants to be initially issued pursuant to the terms hereof, Warrant Certificates registered in such names and representing such number of Warrants as specified by the Warrant Agent shall be executed on behalf of the Company by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretary. The Warrant Agent shall countersign such Warrant Certificate(s) by manual or facsimile signature, and such Warrant Certificate(s) shall be delivered in accordance with the terms of the Plan of Reorganization and Section 2.1 hereof. With respect to all other Warrants, the Warrant Certificates therefor shall be executed on behalf of the Company by one Officer and attested by its Secretary or an Assistant Secretary. Such signature may be by manual or facsimile signature. If an Officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant Agent countersigns the Warrant Certificate, the Warrant Certificate shall be valid nevertheless. A Warrant Certificate shall not be valid until an authorized signatory of the Warrant Agent either manually or by facsimile countersigns the Warrant Certificate. The signature shall be conclusive evidence that the Warrant Certificate has been countersigned under this Agreement.

Execution and Countersignature. (a). (a) With respect to the Warrants to be initially issued pursuant to the terms hereof, Warrant Certificates registered in such names and representing such number of Warrants as specified by the Warrant Agent shall be executed on behalf of the Company by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretary. The Warrant Agent shall countersign such Warrant Certificate(s) by manual or facsimile signature, and such Warrant Certificate(s) shall be delivered in accordance with the terms of the Plan of Reorganization and Section 2.1 hereof. With respect to all other Warrants, the Warrant Certificates therefor shall be executed on behalf of the Company by one Officer and attested by its Secretary or an Assistant Secretary. Such signature may be by manual or facsimile signature. If an Officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant Agent countersigns the Warrant Certificate, the Warrant Certificate shall be valid nevertheless. A Warrant Certificate shall not be valid until an authorized signatory of the Warrant Agent either manually or by facsimile countersigns counter-signs the Warrant Certificate. The signature shall be conclusive evidence that the Warrant Certificate has been countersigned under this Agreement.

Execution and Countersignature. (a) With respect to the Warrants to be initially issued pursuant to the terms hereof, Warrant Certificates registered in such names and representing such number of Warrants as specified by the Warrant Agent One Officer shall be executed on behalf of the Company by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretary. The Warrant Agent shall countersign such Warrant Certificate(s) by manual or facsimile signature, and such Warrant Certificate(s) shall be delivered in accordance with the terms of the Plan of Reorganization and Section 2.1 hereof. With respect to all other Warrants, sign the Warrant Certificates therefor shall be executed on behalf of for the Company by one Officer and attested by its Secretary or an Assistant Secretary. Such signature may be by manual or facsimile signature. If an Officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant Agent or the Initial Warrant Agent, as applicable, countersigns the Warrant Certificate, the Warrant Certificate shall nevertheless be valid neverthelessvalid. A Warrant Certificate shall not be valid until an authorized signatory of the Warrant Agent either or the Initial Warrant Agent, as applicable, manually or by facsimile countersigns the Warrant Certificate. The Such authorized signature shall be conclusive evidence that the Warrant Certificate has been countersigned under this Agreement. The Warrant Agent or the Initial Warrant Agent, as applicable, shall initially countersign and deliver Warrant Certificates entitling the Holders thereof to purchase in the aggregate not more than 4.75 Warrant Shares upon a written order of the Company signed by one Officer. The Warrant Agent or the Initial Warrant Agent, as applicable, may appoint an agent reasonably acceptable to the Company to countersign the Warrant Certificates. Unless limited by the terms of such appointment, such agent may countersign Warrant Certificates whenever the Warrant Agent or the Initial Warrant Agent, as applicable, may do so. Each reference in this Agreement to countersignature by the Warrant Agent or the Initial Warrant Agent, includes countersignature by such agent. Such agent will have the same rights as the Warrant Agent or the Initial Warrant Agent, as applicable, for service of notices and demands.

Execution and Countersignature. (a) With respect to the Warrants to be initially issued pursuant to the terms hereof, Warrant Certificates registered in such names and representing such number of Warrants as specified by the Warrant Agent Two Officers shall be executed on behalf of the Company by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretary. The Warrant Agent shall countersign such Warrant Certificate(s) by manual or facsimile signature, and such Warrant Certificate(s) shall be delivered in accordance with the terms of the Plan of Reorganization and Section 2.1 hereof. With respect to all other Warrants, sign the Warrant Certificates therefor shall be executed on behalf of for the Company by one Officer and attested by its Secretary or an Assistant Secretary. Such signature may be by manual or facsimile signature. If an Officer whose signature is on a Warrant Certificate Cer- tificate no longer holds that office at the time the Warrant Agent countersigns the Warrant Certificate, the Warrant Certificate shall nevertheless be valid neverthelessvalid. A Warrant Certificate shall not be valid until an authorized signatory of the Warrant Agent either manually or by facsimile countersigns the Warrant Certificate. The Such authorized signature shall be conclusive evidence that the Warrant Certificate has been countersigned under this Agreement. The Warrant Agent shall initially countersign and deliver Warrant Certificates entitling the Holders thereof to purchase in the aggregate not more than 26,661 Warrant Shares upon a written order of the Company signed by two Officers. The Warrant Agent may appoint an agent reasonably acceptable to the Company to countersign the Warrant Certificates. Unless limited by the terms of such appointment, such agent may countersign Warrant Certificates whenever the Warrant Agent may do so. Each reference in this Agreement to countersignature by the Warrant Agent includes countersignature by such agent. Such agent will have the same rights as the Warrant Agent for service of notices and demands.

Execution and Countersignature. (a) With respect to the Warrants to be initially issued pursuant to the terms hereof, Warrant Certificates registered in such names and representing such number of Warrants as specified by the Warrant Agent Two Officers shall be executed on behalf of the Company by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretary. The Warrant Agent shall countersign such Warrant Certificate(s) by manual or facsimile signature, and such Warrant Certificate(s) shall be delivered in accordance with the terms of the Plan of Reorganization and Section 2.1 hereof. With respect to all other Warrants, sign the Warrant Certificates therefor shall be executed on behalf of for the Company by one Officer and attested by its Secretary or an Assistant Secretary. Such signature may be by manual or facsimile signature. If an Officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant Agent countersigns the Warrant Certificate, the Warrant Certificate shall be valid nevertheless. A Warrant Certificate shall not be valid until an authorized signatory of the Warrant Agent either manually or by facsimile countersigns the Warrant Certificate. The signature shall be conclusive evidence that the Warrant Certificate has been countersigned authenticated under this Warrant Agreement. The Warrant Agent shall countersign and make available for delivery Warrant Certificates as set forth in the Appendix. The Warrant Agent may appoint an agent reasonably acceptable to the Company to countersign the Warrants. Any such appointment shall be evidenced by an instrument signed by a Warrant Officer, a copy of which shall be furnished to the Company. Unless limited by the terms of such appointment, an agent of the Warrant Agent may countersign Warrants whenever the Warrant Agent may do so. Each reference in this Warrant Agreement to countersigning by the Warrant Agent includes countersigning by such agent. Warrant No. 1 issued to U.S. Bank National Association shall be valid notwithstanding it is not authenticated by the Warrant Agent.

Execution and Countersignature. (a) With respect to the Warrants to be initially issued pursuant to the terms hereof, Each Certificated Warrant Certificates registered in such names and representing such number of Warrants as specified by the Warrant Agent shall be executed on behalf of the Company by manual or facsimile signature by one an Officer of the Company and attested by its Secretary or an Assistant Secretary. The signature of any such Officers on the Certificated Warrants may be manual or facsimile. Certificated Warrants bearing the manual or facsimile signatures of individuals who were at any time the Officers of the Company shall bind the Company, notwithstanding that such individuals or any one of them shall have ceased to hold such offices prior to the delivery of such Warrants or did not hold such offices on the date of this Agreement. Each Certificated Warrant shall be countersigned by the Warrant Agent shall countersign such (or any successor to the Warrant Certificate(sAgent then acting as warrant agent under this Agreement) by manual or facsimile signature, signature and such Warrant Certificate(s) shall be delivered in accordance with the terms of the Plan of Reorganization and Section 2.1 hereof. With respect to all other Warrants, the Warrant Certificates therefor shall be executed on behalf of the Company by one Officer and attested by its Secretary or an Assistant Secretary. Such signature may be by manual or facsimile signature. If an Officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant Agent countersigns the Warrant Certificate, the Warrant Certificate shall be valid nevertheless. A Warrant Certificate shall not be valid for any purpose unless and until an authorized signatory so countersigned. Certificated Warrants may be countersigned and delivered, notwithstanding the fact that the persons or any one of them who countersigned the Warrants shall have ceased to be proper signatories prior to the delivery of such Warrants or were not proper signatories on the date of this Agreement. Each Certificated Warrant shall be dated as of the Warrant Agent either manually or date of its countersignature by facsimile countersigns the Warrant CertificateAgent. The signature Warrant Agent’s countersignature shall be conclusive evidence that the Warrant Certificate so countersigned has been countersigned duly authenticated and issued under this Agreement.

Execution and Countersignature. (a) With respect to Two Officers shall sign ----------------------------- the Warrants to be initially issued pursuant to the terms hereof, Warrant Certificates registered in such names and representing such number of Warrants as specified by the Warrant Agent shall be executed on behalf of for the Company by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretarysignature. The Warrant Agent shall countersign such Warrant Certificate(s) by manual or facsimile signature, and such Warrant Certificate(s) Company's seal shall be delivered in accordance with the terms of the Plan of Reorganization and Section 2.1 hereof. With respect to all other Warrantsimpressed, affixed, imprinted or reproduced on the Warrant Certificates therefor shall be executed on behalf of the Company by one Officer Certificate and attested by its Secretary or an Assistant Secretary. Such signature may be by manual or in facsimile signatureform. If an Officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant Agent countersigns the Warrant Certificate, the Warrant Certificate shall nevertheless be valid neverthelessvalid. A Warrant Certificate shall not be valid until an authorized signatory of the Warrant Agent either manually or by facsimile countersigns the Warrant Certificate. The Such authorized signature shall be conclusive evidence that the Warrant Certificate has been countersigned under this Agreement. The Warrant Agent shall initially countersign and deliver Warrant Certificates entitling the Holders thereof to purchase in the aggregate not more than 6,313,000 Warrant Shares upon a written order of the Company signed by two Officers or by an Officer and either an Assistant Treasurer or an Assistant Secretary of the Company. The Warrant Agent may appoint an agent reasonably acceptable to the Company to countersign the Warrant Certificates. Unless limited by the terms of such appointment, such agent may countersign Warrant Certificates whenever the Warrant Agent may do so. Each reference in this Agreement to countersignature by the Warrant Agent includes countersignature by such agent. Such agent will have the same rights as the Warrant Agent for service of notices and demands.

Execution and Countersignature. (a) With respect to Two Officers shall sign the Warrants to be initially issued pursuant to the terms hereof, Warrant Certificates registered in such names and representing such number of Warrants as specified by the Warrant Agent shall be executed on behalf of for the Company by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretarysignature. The Warrant Agent shall countersign such Warrant Certificate(s) by manual or facsimile signature, and such Warrant Certificate(s) Company's seal shall be delivered in accordance with the terms of the Plan of Reorganization and Section 2.1 hereof. With respect to all other Warrantsimpressed, affixed, imprinted or reproduced on the Warrant Certificates therefor shall be executed on behalf of the Company by one Officer Certificate and attested by its Secretary or an Assistant Secretary. Such signature may be by manual or in facsimile signatureform. If an 12 8 Officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant Agent countersigns the Warrant Certificate, the Warrant Certificate shall nevertheless be valid neverthelessvalid. A Warrant Certificate shall not be valid until an authorized signatory of the Warrant Agent either manually or by facsimile countersigns the Warrant Certificate. The Such authorized signature shall be conclusive evidence that the Warrant Certificate has been countersigned under this Agreement. The Warrant Agent shall initially countersign and deliver Warrant Certificates entitling the Holders thereof to purchase in the aggregate not more than 2,538,258 Warrant Shares upon a written order of the Company signed by two Officers or by an Officer and either an Assistant Treasurer or an Assistant Secretary of the Company. The Warrant Agent may appoint an agent reasonably acceptable to the Company to countersign the Warrant Certificates. Unless limited by the terms of such appointment, such agent may countersign Warrant Certificates whenever the Warrant Agent may do so. Each reference in this Agreement to countersignature by the Warrant Agent includes countersignature by such agent. Such agent will have the same rights as the Warrant Agent for service of notices and demands.

Execution and Countersignature. (a) With respect to the Warrants to be initially issued pursuant to the terms hereof, Warrant Certificates registered in such names and representing such number of Warrants as specified by the Warrant Agent Two Officers shall be executed on behalf of the Company by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretary. The Warrant Agent shall countersign such Warrant Certificate(s) by manual or facsimile signature, and such Warrant Certificate(s) shall be delivered in accordance with the terms of the Plan of Reorganization and Section 2.1 hereof. With respect to all other Warrants, sign the Warrant Certificates therefor shall be executed on behalf of for the Company by one Officer and attested by its Secretary or an Assistant Secretary. Such signature may be by manual or facsimile signature. If an Officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant Agent countersigns the Warrant Certificate, the Warrant Certificate shall be valid nevertheless. A Warrant Certificate shall not be valid until an authorized signatory of the Warrant Agent either manually or by facsimile countersigns the Warrant Certificate. The signature shall be conclusive evidence that the Warrant Certificate has been countersigned authenticated under this Warrant Agreement. The Warrant Agent shall countersign and make available for delivery Warrant Certificates as set forth in the Appendix. The Warrant Agent may appoint an agent reasonably acceptable to the Company to countersign the Warrants. Any such appointment shall be evidenced by an instrument signed by a Warrant Officer, a copy of which shall be furnished to the Company. Unless limited by the terms of such appointment, an agent of the Warrant Agent may countersign Warrants whenever the Warrant Agent may do so. Each reference in this Warrant Agreement to countersigning by the Warrant Agent includes countersigning by such agent.