Common use of Execution and Delivery of Warrants Clause in Contracts

Execution and Delivery of Warrants. (a) The Global Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman of the Board of Directors, the Chief Executive Officer, the President or any one of the Senior Vice Presidents or Executive Vice Presidents of the Company and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. In the event that any officer of the Company whose signature shall have been placed upon any of the Global Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Global 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 officer of the Company. (b) From time to time, as required by and in accordance with the terms and conditions of the Plan, the Company shall instruct the Warrant Agent, in writing, to issue to Claimants, Warrants representing such number of shares of Common Stock as determined by the Company. The Warrant Agent shall, and is hereby authorized to, countersign in manual or facsimile form, issue and deliver, as applicable, Warrant Statements or Global Warrant Certificates evidencing such Warrants as and when so instructed by the Company. (c) The Warrant Agent is hereby authorized to countersign in manual or facsimile form, issue and deliver, as applicable, Book-Entry Warrants and Global Warrant Certificates as required by Section 2.4 or Section 3.4 (in the case of a transfer or exchange), Section 3.3(c) (in the case of the exercise of less than all the Warrants represented by the surrendered Book-Entry Warrants or Global Warrant Certificate) or ARTICLE V (in the case of a lost, stolen, destroyed or mutilated Warrant Statement or Global Warrant Certificate). (d) Upon receipt of written instructions from the Company, Global Warrant Certificates shall be countersigned, by manual or facsimile signature, and dated the date of countersignature by the Warrant Agent and shall not be valid for any purpose unless so countersigned. A register of the Warrants and of their transfer shall be maintained at the Warrant Agent’s office designated for such purpose by the Warrant Agent (the “Warrant Register”). The Company hereby appoints the Warrant Agent to act as the registrar with respect to the Warrants. The Warrant Register shall show the names and address of the Registered Holders of the Warrants and the number of Warrants owned by each Registered Holder. (e) The Company and the Warrant Agent may deem and treat the Registered Holder(s) of a Warrant as the absolute owner(s) thereof (notwithstanding any notation of ownership or other writing thereon made by anyone), for the purpose of any exercise thereof or any distribution to the Registered Holder(s) thereof and for all other purposes, and neither the Company nor the Warrant Agent shall be effected by any notice to the contrary.

Execution and Delivery of Warrants. (a) Certificated Warrants and Direct Registration Warrants which may be issued and delivered (and, in the case of Certificated Warrants, evidenced by Warrants Certificates countersigned) under this Agreement are limited to Certificated Warrants and Direct Registration Warrants evidencing 1,428,571 Warrants in the aggregate except for Certificated Warrants or Direct Registration Warrants issued and delivered (and, in the case of Certificated Warrants, evidenced by Warrant Certificates countersigned) upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued Certificated Warrants and Direct Registration Warrants pursuant to Sections 3.2(d), 6 and 8. (b) At any time and from time to time on or after the date of this Agreement, upon receipt of (i) a Company Order specifically stating the number of Warrants to be issued upon original issuance as Certificated Warrants or Direct Registration Warrants and the names of the respective original Persons entitled thereto and (ii) in the case of any Certificated Warrants, Warrant Certificates evidencing such Certificated Warrants, executed by the Company, the Warrant Agent shall, at the direction of the Company set forth in such Company Order, register in the Warrant Register such respective Warrants in the names of the initial Persons entitled thereto and issue upon original issuance and deliver (and, in the case of Certificated Warrants, countersign such Warrant Certificates evidencing) such respective Warrants to the respective Persons entitled thereto. The Global Warrant Agent is further hereby authorized to issue and deliver (and, in the case of Certificated Warrants, countersign (by manual or facsimile signature) Warrant Certificates evidencing) Warrants as required by this Section 2.3 or by Sections 2.2, 3.2(d), 6 or 8. (c) The Warrant Agent may rely conclusively on such Company Order. The Warrant Agent shall promptly deliver a Warrant Statement to such Holders of Direct Registration Warrants upon the issuance of such Direct Registration Warrants. (d) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the Board of DirectorsBoard, the Chief Executive Officer, the President or any one of the Senior Vice Presidents or Executive Vice Presidents of the Company (each, an “Appropriate Officer”) 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 manually (or by facsimile signature) countersigned by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In the event that case any officer of the Company whose signature shall have been placed upon any of the Global Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and the issuance issue and delivery thereof, such Global 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 officer of the Company. (b) From time to time, as required by and in accordance with the terms and conditions any Warrant Certificate may be signed on behalf of the PlanCompany by such person as, at the Company shall instruct the Warrant Agent, in writing, to issue to Claimants, Warrants representing such number of shares of Common Stock as determined by the Company. The Warrant Agent shall, and is hereby authorized to, countersign in manual or facsimile form, issue and deliver, as applicable, Warrant Statements or Global Warrant Certificates evidencing such Warrants as and when so instructed by the Company. (c) The Warrant Agent is hereby authorized to countersign in manual or facsimile form, issue and deliver, as applicable, Book-Entry Warrants and Global Warrant Certificates as required by Section 2.4 or Section 3.4 (in the case of a transfer or exchange), Section 3.3(c) (in the case actual date of the exercise execution of less than all the Warrants represented by the surrendered Book-Entry Warrants or Global such Warrant Certificate) or ARTICLE V (in the case , shall be a proper officer of a lost, stolen, destroyed or mutilated Warrant Statement or Global Warrant Certificate). (d) Upon receipt of written instructions from the Company, Global Warrant Certificates shall be countersigned, by manual or facsimile signature, and dated although at the date of countersignature by the execution of this Warrant Agent and shall Agreement any such person was not be valid for any purpose unless so countersigned. A register of the Warrants and of their transfer shall be maintained at the Warrant Agent’s office designated for such purpose by the Warrant Agent (the “Warrant Register”). The Company hereby appoints the Warrant Agent to act as the registrar with respect to the Warrants. The Warrant Register shall show the names and address of the Registered Holders of the Warrants and the number of Warrants owned by each Registered Holderofficer. (e) The Company and the Warrant Agent may deem and treat the Registered Holder(s) of a Warrant as the absolute owner(s) thereof (notwithstanding any notation of ownership or other writing thereon made by anyone), for the purpose of any exercise thereof or any distribution to the Registered Holder(s) thereof and for all other purposes, and neither the Company nor the Warrant Agent shall be effected by any notice to the contrary.

Execution and Delivery of Warrants. (a) The Global Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman of the Board of DirectorsBoard, the Chief Executive Officer, the President or any one of the Senior Vice Presidents or Executive Vice Presidents of the Company and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. In the event that any officer of the Company whose signature shall have been placed upon any of the Global Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Global 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 officer of the Company. (b) From time to time, as required by and in accordance with the terms and conditions of the Plan, the Company shall instruct the Warrant Agent, in writing, to issue to Claimants, Warrants representing such number of shares of Common Stock as determined by the Company. The Warrant Agent shall, and is hereby authorized to, countersign in manual or facsimile formcountersign, issue and deliver, as applicable, Warrant Statements or Global Warrant Certificates evidencing such Warrants as and when so instructed by the Company. (c) The Warrant Agent is hereby authorized to countersign in manual or facsimile formcountersign, issue and deliver, as applicable, Book-Entry Warrants and Global Warrant Certificates as required by Section 2.4 or Section 3.4 (in the case of a transfer or exchange), Section 3.3(c) (in the case of the exercise of less than all the Warrants represented by the surrendered Book-Entry Warrants or Global Warrant Certificate) or ARTICLE V (in the case of a lost, stolen, destroyed or mutilated Warrant Statement or Global Warrant Certificate). (d) Upon receipt of written instructions from the Company, Global Warrant Certificates shall be countersigned, by manual or facsimile signature, and dated the date of countersignature by the Warrant Agent and shall not be valid for any purpose unless so countersigned. A register (the “Warrant Register”) of each series of the Warrants and of their transfer shall be maintained at the Warrant Agent’s office designated for such purpose by the Warrant Agent (at the “office of the Warrant Register”)Agent designated for such purposes. The Company hereby appoints the Warrant Agent to act as the registrar with respect to the Warrants. The Warrant Register shall show the names and address of the Registered Holders of each series of the Warrants and the number of Warrants of each series owned by each Registered Holder. (e) The Company and the Warrant Agent may deem and treat the Registered Holder(s) of a Warrant as the absolute owner(s) thereof (notwithstanding any notation of ownership or other writing thereon made by anyone), for the purpose of any exercise thereof or any distribution to the Registered Holder(s) thereof and for all other purposes, and neither the Company nor the Warrant Agent shall be effected affected by any notice to the contrary.

Execution and Delivery of Warrants. (a) The Global Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the Board of DirectorsBoard, the Chief Executive Officer, the President or any one of the Senior Vice Presidents or Executive Vice Presidents of the Company and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. In the event that any officer of the Company whose signature shall have been placed upon any of the Global Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Global 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 officer of the Company. (b) From time to time, as required by and in accordance with the terms and conditions of the Plan, the Company shall instruct the Warrant Agent, in writing, to issue to Claimantsholders of Senior Secured Claims and/or Unsecured Claims, each as defined in the Plan, Warrants representing such number of shares of Class B Common Stock as determined by the Company. The Warrant Agent shall, and is hereby authorized to, countersign in manual or facsimile formcountersign, issue and deliver, as applicable, Warrant Statements or Global Warrant Certificates evidencing such Warrants as and when so instructed by the Company. (c) The Warrant Agent is hereby authorized to countersign in manual or facsimile formcountersign, issue and deliver, as applicable, Book-Entry Warrants and Global Warrant Certificates as required by Section 2.4 or Section 3.4 (in the case of a transfer or exchange), Section 3.3(c) (in the case of the exercise of less than all the Warrants represented by the surrendered Book-Entry Warrants Warrant or Global Warrant Certificate) or ARTICLE V (in the case of a lost, stolen, destroyed or mutilated Warrant Statement or Global Warrant Certificate). (d) Upon receipt of written instructions from the Company, Global Warrant Certificates shall be countersigned, by manual or facsimile signature, and dated the date of countersignature by the Warrant Agent and shall not be valid for any purpose unless so countersigned. A register of the Warrants and of their transfer shall be maintained at the Warrant Agent’s office designated for such purpose by the Warrant Agent (the “Warrant Register”). The Company hereby appoints the Warrant Agent to act as the registrar with respect to the Warrants. The Warrant Register shall show the names and address of the Registered Holders of the Warrants and the number of Warrants owned by each Registered Holder. (e) The Company and the Warrant Agent may deem and treat the Registered Holder(s) of a Warrant as the absolute owner(s) thereof (notwithstanding any notation of ownership or other writing thereon made by anyone), for the purpose of any exercise thereof or any distribution to the Registered Holder(s) thereof and for all other purposes, and neither the Company nor the Warrant Agent shall be effected by any notice to the contrary.