Execution and Delivery of Warrant Certificates. (a) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates to the respective Persons entitled thereto (or any such Person’s designee). The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 or by Sections 3.2(d), 6 or 8. (b) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least one Appropriate Officer, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or by facsimile or electronic signature printed thereon, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officer.
Appears in 9 contracts
Samples: Warrant Agreement (Noble Corp PLC), Warrant Agreement (Noble Corp PLC), Ordinary Share Purchase Warrant Agreement (Noble Finance Co)
Execution and Delivery of Warrant Certificates.
(a) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates to the respective Persons entitled thereto (or any such Person’s designee). The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 or by Sections 3.2(d), 6 or 8.
(b) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least one Appropriate Officer, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or by facsimile or electronic signature printed thereon, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officer.
Appears in 3 contracts
Samples: Warrant Agreement, Warrant Agreement, Warrant Agreement
Execution and Delivery of Warrant Certificates. (a) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants which may be executed by the Company countersigned and delivered under this Warrant Agreement are limited to Warrant Certificates evidencing the Warrants except for Warrant Agent for countersignatureCertificates countersigned and delivered upon registration of Transfer of, or in exchange for, or in lieu of, one or more previously countersigned Warrant Certificates pursuant to Section 2.4, Section 2.5, Section 2.8, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates to the respective Persons entitled thereto Section 3.2(b).
(or any such Person’s designee). b) The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 or by Sections 3.2(d2.1, Section 2.4, Section 2.5, Section 2.8, and Section 3.2(b), 6 or 8.
(bc) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least the Chief Executive Officer or the Chief Financial Officer of the Company under corporate seal reproduced thereon and attested to by the Secretary or one Appropriate Officerof the Assistant Secretaries of the Company, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or by facsimile or electronic signature printed thereon, countersigned by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Warrant Agreement any such person was not such officer.
Appears in 3 contracts
Samples: Warrant Agreement (Chesapeake Energy Corp), Warrant Agreement (Chesapeake Energy Corp), Warrant Agreement (Chesapeake Energy Corp)
Execution and Delivery of Warrant Certificates. (a) At any time and from time to time on or after the date of this Agreement, . Warrant Certificates evidencing the Warrants may be executed by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates to the respective Persons entitled thereto (or any such Person’s designee). The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 or by Sections 3.2(d), 6 or 8.
(b) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least one Appropriate Officer, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or by facsimile or electronic signature printed thereon, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, . nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officer.
Appears in 2 contracts
Samples: Warrant Agreement (Noble Corp PLC), Warrant Agreement
Execution and Delivery of Warrant Certificates. (a) At any time and from time Warrant Certificates evidencing 951,463 Warrants, each Warrant to time purchase initially 0.10616 Common Shares, may be executed, on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, shall thereupon countersign and deliver such Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officer to the respective Persons entitled thereto (or any such Person’s designee)purchasers thereof on the date of issuance. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 or by Sections 3.2(d)Section 3.3, 6 Article VI or 8.
(b) Article VIII hereof. The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least one Appropriate its Chairman of the Board, Chief Executive Officer, any Vice President or other duly authorized executive officer of the Company either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or countersigned by facsimile or electronic manual signature printed thereon, by of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer or director of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer or director of the Company before countersignature by the Warrant Agent and issue the issuance and delivery thereof, such Warrant Certificates may, nevertheless, may nevertheless be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer or director of the Company.
Appears in 2 contracts
Samples: Warrant Agreement (Nextel Communications Inc), Warrant Agreement (McCaw International LTD)
Execution and Delivery of Warrant Certificates. (a) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign by either manual or facsimile signature and deliver such Warrant Certificates to the respective Persons entitled thereto (or any such Person’s designee)thereto. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 or by Sections 3.2(d), 6 or 8.
(b) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least one Appropriate Officer, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or by facsimile or electronic signature printed thereon, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officer.
Appears in 1 contract
Samples: Warrant Agreement (Valaris PLC)
Execution and Delivery of Warrant Certificates. (a) At any time and from time Warrant Certificates evidencing Warrants to time purchase initially an aggregate of up to 201,048 shares of Common Stock may be executed, on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed by the Company Holdings and delivered to the Warrant Agent for countersignature, and the Warrant Agent shallshall thereupon countersign and deliver such Warrant Certificates, at the expense of Holdings, upon receipt of a Company Order the written order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates Holdings to the respective Persons entitled thereto (or any such Person’s designee)purchasers thereof on the date of issuance. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 or by Sections 3.2(d)Section 2.4, 6 Section 3.3, Section 3.4 or 8.
(b) Article V hereof. The Warrant Certificates shall be executed in the corporate name and on behalf of Holdings by its Chairman of the Company Board, Chief Executive Officer or President or by at least one Appropriate Officera Vice President, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually countersigned by manual or by facsimile or electronic signature printed thereon, by of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer of Holdings whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer an officer of Holdings before countersignature by the Warrant Agent and issue the issuance and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer of Holdings.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants which may be executed by the Company countersigned and delivered under this Agreement are limited to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates evidencing 3,402,709 Warrants except for Warrant Certificates countersigned and delivered upon registration of transfer of, or in exchange for, or in lieu of, one or more previously countersigned Warrant Certificates pursuant to the respective Persons entitled thereto Section 2.4, Section 3.2(d), Section 6 and Section 8.
(or any such Person’s designee). b) The Warrant Agent is further hereby authorized to countersign (by manual or electronic signature) and deliver Warrant Certificates as required by this Section 2.3 2.1 or by Sections Section 2.4, Section 3.2(d), Section 6 or Section 8.
(bc) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least the Chairman of the Board of Directors, the Chief Executive Officer, the President or any one Appropriate Officerof the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or by facsimile manual or electronic signature printed thereonsignature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) At any time and from time Warrant Certificates evidencing 225,000 Warrants, each Warrant to time purchase initially15.0874 Common Shares, may be executed, on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, shall thereupon countersign and deliver such Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officer to the respective Persons entitled thereto (or any such Person’s designee)purchasers thereof on the date of issuance. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 or by Sections 3.2(d)Section 3.3, 6 Article VI or 8.
(b) Article VIII hereof. The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least one Appropriate its Chairman of the Board, Chief Executive Officer, any Vice President or other duly authorized executive officer of the Company either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or countersigned by facsimile or electronic manual signature printed thereon, by of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer or director of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer or director of the Company before countersignature by the Warrant Agent and issue the issuance and delivery thereof, such Warrant Certificates may, nevertheless, may nevertheless be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer or director of the Company.
Appears in 1 contract
Samples: Warrant Agreement (Long Distance International Inc)
Execution and Delivery of Warrant Certificates. (a) At any time and from time Warrant Certificates evidencing 200,000 Warrants, each Warrant to time purchase initially 10.777 Common Shares, may be executed, on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, shall thereupon countersign and deliver such Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officer to the respective Persons entitled thereto (or any such Person’s designee)purchasers thereof on the date of issuance. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 or by Sections 3.2(d)Section 3.3, 6 Article VI or 8.
(b) Article VIII hereof. The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least one Appropriate its Chairman of the Board, Chief Executive Officer, any Vice President or other duly authorized executive officer of the Company either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or countersigned by facsimile or electronic manual signature printed thereon, by of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer or director of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer or director of the Company before countersignature by the Warrant Agent and issue the issuance and delivery thereof, such Warrant Certificates may, nevertheless, may nevertheless be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person Person had not ceased to be such Appropriate Officerofficer or director of the Company.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants which may be executed by the Company countersigned and delivered under this Agreement are limited to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates evidencing 1,453,942 Warrants except for Warrant Certificates countersigned and delivered upon registration of transfer of, or in exchange for, or in lieu of, one or more previously countersigned Warrant Certificates pursuant to the respective Persons entitled thereto Section 2.4, Section 3.2(d), Section 6 and Section 8.
(or any such Person’s designee). b) The Warrant Agent is further hereby authorized to countersign (by manual or electronic signature) and deliver Warrant Certificates as required by this Section 2.3 2.1 or by Sections Section 2.4, Section 3.2(d), Section 6 or Section 8.
(bc) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least the Chairman of the Board of Directors, the Chief Executive Officer, the President or any one Appropriate Officerof the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or by facsimile manual or electronic signature printed thereonsignature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants which may be executed by the Company countersigned and delivered under this Agreement are limited to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates evidencing 10,919,499 Warrants except for Warrant Certificates countersigned and delivered upon registration of transfer of, or in exchange for, or in lieu of, one or more previously countersigned Warrant Certificates pursuant to the respective Persons entitled thereto Section 2.4, Section 3.2(e), Section 6 and Section 8.
(or any such Person’s designee). b) The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 2.1 or by Sections 3.2(dSection 2.4, Section 3.2(e), Section 6 or Section 8.
(bc) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least the Chairman (or any Co-Chairman) of the Board of Directors, the Chief Executive Officer, the President or any one Appropriate Officerof the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary, the Treasurer or one of the Assistant Secretaries of the Company, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually by manual or by facsimile or electronic signature printed thereonsignature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants which may be executed by the Company countersigned and delivered under this Agreement are limited to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates evidencing 1,701,376 Warrants except for Warrant Certificates countersigned and delivered upon registration of transfer of, or in exchange for, or in lieu of, one or more previously countersigned Warrant Certificates pursuant to the respective Persons entitled thereto Section 2.4, Section 3.2(d), Section 6 and Section 8.
(or any such Person’s designee). b) The Warrant Agent is further hereby authorized to countersign (by manual or electronic signature) and deliver Warrant Certificates as required by this Section 2.3 2.1 or by Sections Section 2.4, Section 3.2(d), Section 6 or Section 8.
(bc) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least the Chairman of the Board of Directors, the Chief Executive Officer, the President or any one Appropriate Officerof the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or by facsimile manual or electronic signature printed thereonsignature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants which may be executed by the Company countersigned and delivered under this Agreement are limited to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates evidencing 3,888,888 Warrants except for Warrant Certificates countersigned and delivered upon registration of transfer of, or in exchange for, or in lieu of, one or more previously countersigned Warrant Certificates pursuant to the respective Persons entitled thereto Section 2.4, Section 3.2(d), Section 6 and Section 8.
(or any such Person’s designee). b) The Warrant Agent is further hereby authorized to countersign (by manual or electronic signature) and deliver Warrant Certificates as required by this Section 2.3 2.1 or by Sections Section 2.4, Section 3.2(d), Section 6 or Section 8.
(bc) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least the Chairman of the Board of Directors, the Chief Executive Officer or any one Appropriate Officerof the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or by facsimile manual or electronic signature printed thereonsignature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants which may be executed by the Company countersigned and delivered under this Agreement are limited to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates evidencing 2,907,845 Warrants except for Warrant Certificates countersigned and delivered upon registration of transfer of, or in exchange for, or in lieu of, one or more previously countersigned Warrant Certificates pursuant to the respective Persons entitled thereto Section 2.4, Section 3.2(d), Section 6 and Section 8.
(or any such Person’s designee). b) The Warrant Agent is further hereby authorized to countersign (by manual or electronic signature) and deliver Warrant Certificates as required by this Section 2.3 2.1 or by Sections Section 2.4, Section 3.2(d), Section 6 or Section 8.
(bc) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least the Chairman of the Board of Directors, the Chief Executive Officer, the President or any one Appropriate Officerof the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or by facsimile manual or electronic signature printed thereonsignature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) At any time and from time Warrant Certificates evidencing 1,389,000 Warrants, each Warrant to time purchase initially one Common Share, may be executed, on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, shall thereupon countersign and deliver such Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officer to the respective Persons entitled thereto (or any such Person’s designee)purchasers thereof on the date of issuance. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 or by Sections 3.2(d)Section 3.3, 6 Article VI or 8.
(b) Article VIII hereof. The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least one Appropriate its Chairman of the Board, Chief Executive Officer, President, any Vice President or other duly authorized executive officer of the Company either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually or countersigned by facsimile or electronic manual signature printed thereon, by of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer or director of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer or director of the Company before countersignature by the Warrant Agent and issue the issuance and delivery thereof, such Warrant Certificates may, nevertheless, may nevertheless be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer or director of the Company.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants which may be executed by the Company countersigned and delivered under this Agreement are limited to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates evidencing 11,800,000 Warrants except for Warrant Certificates countersigned and delivered upon registration of transfer of, or in exchange for, or in lieu of, one or more previously countersigned Warrant Certificates pursuant to the respective Persons entitled thereto Section 2.4, Section 3.2(e), Section 6 and Section 8.
(or any such Person’s designee). b) The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 2.1 or by Sections 3.2(dSection 2.4, Section 3.2(e), Section 6 or Section 8.
(bc) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least the Chairman (or any Co-Chairman) of the Board of Directors, the Chief Executive Officer, the President or any one Appropriate Officerof the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary, the Treasurer or one of the Assistant Secretaries of the Company, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually by manual or by facsimile or electronic signature printed thereonsignature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such officer.
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Execution and Delivery of Warrant Certificates. (a) At any time and from time to time Warrant ----------- ---------------------------------------------- Certificates evidencing 100,000 Warrants may be executed, on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, shall thereupon countersign and deliver such Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officer to the respective Persons entitled thereto (or any such Person’s designee)purchasers thereof on the date of issuance. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.3 or by Sections 3.2(d)Section 3.3, 6 Article VI or 8.
(b) Article VIII hereof. The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by at least one Appropriate Officerits Chairman of the Board, Vice-Chairman of the Board, Chief Executive Officer or other duly authorized executive officer of the Company either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be countersigned, either manually countersigned by manual or by facsimile or electronic signature printed thereon, by of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any Appropriate Officer officer or director of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such Appropriate Officer officer or director of the Company before countersignature by the Warrant Agent and issue the issuance and delivery thereof, such Warrant Certificates may, nevertheless, may nevertheless be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such Appropriate Officerofficer or director of the Company.
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