Common use of Execution and Delivery of Warrant Certificates Clause in Contracts

Execution and Delivery of Warrant Certificates. Class B Warrant Certificates evidencing 1,029,366 Class B Warrants, each Class B Warrant to purchase initially one share of Common Stock, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B 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. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 or by Section 3.2, 4 or 11 hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by 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 signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B Warrant Certificate shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B Warrant Certificates evidencing 1,029,366 Class B 951,463 Warrants, each Class B Warrant to purchase initially one share of 0.10616 Common StockShares, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officerofficer to the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.3 or by Section 3.23.3, 4 Article VI or 11 Article VIII hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by 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 signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B A Warrant Certificates evidencing 1,029,366 1,510,638 Class B A Warrants, each Class B A Warrant to purchase initially one share of Common Stock, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B A 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. The Warrant Agent is hereby authorized to countersign and deliver Class B A Warrant Certificates as required by this Section 2 or by Section 3.2, 4 or 11 hereof. The Class B A Warrant Certificates shall be executed on behalf of the Company by 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 signature printed thereon. The Class B A Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B A Warrant Certificate shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B A Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B Warrant Certificates evidencing 1,029,366 Class B 444,100 Warrants, each Class B Warrant to purchase initially one share .003734 shares of Common Preferred Stock, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officerofficer to the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.3 or by Section 3.23.3, 4 Article VI or 11 Article VIII hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by its Chairman of the Board, Chief Executive Officer, PresidentChief Financial Officer, any Vice President or other duly authorized executive officer of the Company either manually or by facsimile signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B Warrant Certificates evidencing 1,029,366 Class B Warrants, each Class B Warrant Warrants to purchase initially one share an aggregate of up to 105,000 shares of Common Stock, may Stock shall be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officerto the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.02 or by Section 3.23.04, 4 Article V or 11 hereofSection 9.04. The Class B Warrant Certificates shall be executed on behalf of the Company by its Chairman of the BoardChairman, Chief Executive Officer, President, any Vice Officer or President or other duly authorized executive officer by any of the Company its Vice Presidents, either manually or by facsimile signature printed thereon. The Class B Warrant Certificates shall be countersigned authenticated by manual signature of an authorized signatory of the Warrant Agent and shall not be valid for any purpose unless so countersigned, and shall be dated the date of authentication by the Warrant Agent. In case any officer or director of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer the Chairman, Chief Executive Officer, President or director a Vice President of the Company before countersignature by the Warrant Agent and the issuance issue and delivery thereof, such Class B Warrant Certificate may nevertheless 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class Series B Warrant Certificates evidencing 1,029,366 Class 523,557 Series B Warrants, each Class Series B Warrant to purchase initially one share of Common StockClass E Common, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class Series B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer Officer, President, Chief Financial Officer, any Vice President or other duly authorized executive officer. The Warrant Agent is hereby authorized to countersign and deliver Class Series B Warrant Certificates as required by this Section 2 or by Section 3.2, 4 or 11 hereof. The Class Series B Warrant Certificates shall be executed on behalf of the Company by its Chairman of the Board, Chief Executive Officer, President, Chief Financial Officer, any Vice President or other duly authorized executive officer of the Company either manually or by facsimile signature printed thereon. The Class Series B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class Series B Warrant Certificate shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class Series B Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B Warrant ----------- ---------------------------------------------- Certificates evidencing 1,029,366 Class B 66,000 Warrants, each Class B Warrant to purchase initially one share of 35.39448485 Common StockShares, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officerofficer to the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.3 or by Section 3.23.3, 4 Article VI or 11 Article VIII hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by 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 signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B Warrant Certificates evidencing 1,029,366 Class B Warrants, each Class B Warrant to purchase initially one share of Common Stock, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer one or other duly authorized executive officermore Senior Officers to the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.3 or by Section 3.23.3, 4 Article VI or 11 Article VIII hereof. In consideration for the initial funding under the Credit Facilities, Warrant Certificates for 750,000 shares shall be executed and delivered to the Warrant Agent on the date hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by its Chairman of the Board, Chief Executive Officer, President, any Vice President one or other duly authorized executive officer more Senior Officers of the Company either manually or by facsimile signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director Senior Officer of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer or director Senior Officer of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director Senior Officer of the Company.

Execution and Delivery of Warrant Certificates. Class B Warrant ---------------------------------------------- Certificates evidencing 1,029,366 Class B 786,000 Initial Warrants and 500,000 Additional Warrants, each Class B Warrant to purchase initially one share of (1) Common StockShare, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officerofficer to the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.3 or by Section 3.23.3, 4 Article V or 11 Article VII hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by 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 signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B Warrant Certificates evidencing 1,029,366 Class B up to 444,100 Warrants, each Class B Warrant to purchase initially one share 2.2404 shares of Common Preferred Stock, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officerofficer to the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.3 or by Section 3.23.3, 4 Article VI or 11 Article VIII hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by its Chairman of the Board, Chief Executive Officer, PresidentChief Financial Officer, any Vice President or other duly authorized executive officer of the Company either manually or by facsimile signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B Warrant Certificates evidencing 1,029,366 Class B Warrants, each Class B Warrant Warrants to purchase initially one share an aggregate of Common Stock, up to 544,500 Class A Shares may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officerofficer to the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.3 or by Section 3.23.3, 4 Article VI or 11 Article VIII hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by its Chairman of the Board, Chief Executive Officer, President, any Vice President Officer or other duly authorized executive officer director of the Company either manually or by facsimile signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual or facsimile signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B Warrant Certificates evidencing 1,029,366 Class B Warrants, each Class B Warrant 280,000 Warrants and entitling the Holders to purchase initially one share an aggregate of 504,000 Common StockShares, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company in form attached hereto as Exhibit A signed by its Chief Executive Officer one or other duly authorized executive officermore Senior Officers to the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.3 or by Section 3.23.3, 4 Article VI or 11 Article VIII hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by its Chairman of the Board, Chief Executive Officer, President, any Vice President one or other duly authorized executive officer more Senior Officers of the Company either manually or by facsimile signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director Senior Officer of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer or director Senior Officer of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director Senior Officer of the Company.

Execution and Delivery of Warrant Certificates. Class B Warrant ----------- ---------------------------------------------- Certificates evidencing 1,029,366 Class B Warrants, each Class B Warrant to purchase initially one share of Common Stock, 100,000 Warrants may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officerofficer to the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.3 or by Section 3.23.3, 4 Article VI or 11 Article VIII hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by its Chairman of the Board, Vice-Chairman of the Board, Chief Executive Officer, President, any Vice President Officer or other duly authorized executive officer of the Company either manually or by facsimile signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual or facsimile signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B Series A Warrant Certificates evidencing 1,029,366 Class B 498,688 Series A Warrants, each Class B Series A Warrant to purchase initially one share of Common StockClass D Common, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Series A Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer Officer, President, Chief Financial Officer, any Vice President or other duly authorized executive officer. The Warrant Agent is hereby authorized to countersign and deliver Class B Series A Warrant Certificates as required by this Section 2 or by Section 3.2, 4 or 11 hereof. The Class B Series A Warrant Certificates shall be executed on behalf of the Company by its Chairman of the Board, Chief Executive Officer, President, Chief Financial Officer, any Vice President or other duly authorized executive officer of the Company either manually or by facsimile signature printed thereon. The Class B Series A Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B Series A Warrant Certificate shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Series A Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B (a) Warrant Certificates evidencing 1,029,366 Class B WarrantsWarrants to be issued under the Agreement, each Class B Warrant to purchase initially one share of 0.471756 Common StockShares, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company signed by its Chairman of the Board, Vice Chairman of the Board, President, Chief Operating Officer, Chief Financial Officer or Chief Executive Officer or other duly authorized executive officerto the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.3, Section 2.4, Section 2.5 or by Section 3.23.3, 4 Article VI or 11 Article VIII hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by its Chairman of the Board, Chief Executive OfficerVice Chairman of the Board, President, any Vice President Chief Operating Officer, Chief Financial Officer or other duly authorized executive officer of the Company Chief Executive Officer either manually or by facsimile signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director of the Company.

Execution and Delivery of Warrant Certificates. Class B Warrant Certificates evidencing 1,029,366 Class B 155,000 Warrants, each Class B Warrant to purchase initially one share of 8.167 Common StockShares, may be executed, on or after the date of this Warrant Agreement, by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Class B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer or other duly authorized executive officerofficer to the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Class B Warrant Certificates as required by this Section 2 2.3 or by Section 3.23.3, 4 Article VI or 11 Article VIII hereof. The Class B Warrant Certificates shall be executed on behalf of the Company by 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 signature printed thereon. The Class B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any Class B of the Warrant Certificate Certificates shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Class B Warrant Certificate 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 officer or director of the Company.