Common use of Execution and Countersignature Clause in Contracts

Execution and Countersignature. (a) With respect to the Warrants to be issued on the Closing Date, one or more Warrant Certificates representing the Warrants shall be executed in blank on behalf of the Company by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretary. Upon written order of the Company, the Warrant Agent shall countersign such Warrant Certificate(s) by manual or facsimile signature, and such Warrant Certificate(s) shall be delivered pursuant to such written order. (b) 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 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 manually countersigns the Warrant Certificate. The signature of the Warrant Agent shall be conclusive evidence that the Warrant Certificate has been countersigned under this Agreement. (c) 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 a Warrant Certificate whenever the Warrant Agent may do so. Each reference in this Agreement to countersignature by the Warrant Agent includes 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 on pursuant to the Closing Dateterms hereof, one or more Warrant Certificates registered in such names and representing such number of Warrants as specified by the Warrants Warrant Agent shall be executed in blank on behalf of the Company by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretary. Upon written order of the Company, the The Warrant Agent shall countersign such Warrant Certificate(s) by manual or facsimile signature, and such Warrant Certificate(s) shall be delivered pursuant to such written order. (b) 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 manually countersigns counter-signs the Warrant Certificate. The signature of the Warrant Agent shall be conclusive evidence that the Warrant Certificate has been countersigned under this Agreement. (cb) The Warrant Agent may appoint an agent reasonably acceptable to the Company to countersign the Warrant CertificatesCertificate. Unless limited by the terms of such appointment, such agent may countersign a the Warrant Certificate whenever the Warrant Agent may do so. Each reference in this Agreement to countersignature by the Warrant Agent includes 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 issued on the Closing Date, one or more Warrant Certificates representing the Warrants shall be executed in blank on behalf of for the Company by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretary. Upon written order of the Company, the Warrant Agent shall countersign such Warrant Certificate(s) by manual or facsimile signature, and such Warrant Certificate(s) shall be delivered pursuant to such written order. (b) 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 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 manually countersigns the Warrant Certificate. The signature of the Warrant Agent shall be conclusive evidence that the Warrant Certificate has been countersigned authenticated under this Warrant Agreement. (c) . 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 CertificatesOfficer, a copy of which shall be furnished to the Company. Unless limited by the terms of such appointment, such an agent of the Warrant Agent may countersign a Warrant Certificate Warrants whenever the Warrant Agent may do so. Each reference in this Warrant Agreement to countersignature countersigning by the Warrant Agent includes countersigning by such agent. Such agent will have the same rights as Warrant No. 1 issued to U.S. Bank National Association shall be valid notwithstanding it is not authenticated by the Warrant Agent for service of notices and demandsAgent.

Execution and Countersignature. (a) With respect to the Warrants to be issued on the Closing Date, one or more Each Certificated Warrant Certificates representing the Warrants shall be executed in blank 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. Upon written order 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 pursuant to such written order. (b) 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 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 manually countersigns date of its countersignature by the Warrant CertificateAgent. The signature of the Warrant Agent Agent’s countersignature shall be conclusive evidence that the Warrant Certificate so countersigned has been countersigned duly authenticated and issued under this Agreement. (c) 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 a Warrant Certificate whenever the Warrant Agent may do so. Each reference in this Agreement to countersignature by the Warrant Agent includes by such agent. Such agent will have the same rights as the Warrant Agent for service of notices and demands.