Common use of Exercise, Valuation and Delivery of Warrants Clause in Contracts

Exercise, Valuation and Delivery of Warrants. (a) Except for Warrants subject to automatic exercise or Warrants held through the facilities of CEDEL or Euroclear, the "Exercise Date" for a Warrant means (i) the New York Business Day on which the Warrant Agent receives the Warrant and Exercise Notice in proper form with respect to such Warrant, if received at or prior to 3:00 P.M., New York City time, on such day, or (ii) if the Warrant Agent receives such Warrant or Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the next New York Business Day succeeding the New York Business Day on which such Warrant or Exercise Notice is received. In the case of Warrants held through the facilities of CEDEL or Euroclear, except for Warrants subject to automatic exercise, the "Exercise Date" for a Warrant means (i) the New York Business Day on which the Warrant Agent receives (by facsimile transmission) the Exercise Notice in proper form with respect to such Warrant if such Exercise Notice is received at or prior to 3:00 P.M., New York City time, on such day, provided, that the Warrant being exercised is received by the Warrant Agent by 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is received, or (ii) if the Warrant Agent receives such Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the New York Business Day succeeding such New York Business Day, provided that such day will be the Exercise Date only if the Warrant being exercised is received by 3:00 P.M., New York City time, on the second succeeding New York Business Day following the New York Business Day on which the Exercise Notice is received. In the event that the Warrant being exercised is received after 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is received, then the Exercise Date for such Warrant will be the day on which such Warrant is received or, if such day is not a New York Business Day, the next succeeding New York Business Day. Notwithstanding the foregoing, in the case of the exercise of a Book-Entry Warrant by CEDEL or a Euroclear participant, CEDEL or Euroclear, as the case may be, must by facsimile transmission to the Warrant Agent by 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date confirm (an "Account Confirmation") that the Warrants being exercised will be received by the Warrant Agent by 3:00 p.m., New York City time, on such date, provided, further, that if such Account Confirmation is received after 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date, the Company will be entitled to direct the Warrant Agent to reject the related Exercise Notice or waive the requirement for timely delivery of such Account Confirmation.

Exercise, Valuation and Delivery of Warrants. (a) Except for Warrants subject to automatic exercise or exercise, Warrants held through the facilities of CEDEL Clearstream or Euroclear, or Warrants subject to the Limit Option, the "Exercise Date" for a Warrant means (i) the New York Business Day on which the Warrant Agent receives the Warrant and Exercise Notice in proper form with respect to such Warrant, if received at or prior to 3:00 P.M., New York City time, on such day, or (ii) if the Warrant Agent receives such Warrant or Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the next New York Business Day succeeding the New York Business Day on which such Warrant or Exercise Notice is received. In the case of Warrants held through the facilities of CEDEL Clearstream or Euroclear, except for Warrants subject to automatic exerciseexercise and except for Warrants subject to the Limit Option, the "Exercise Date" for a Warrant means (i) the New York Business Day on which the Warrant Agent receives (by facsimile transmission) the Exercise Notice in proper form with respect to such Warrant if such Exercise Notice is received at or prior to 3:00 P.M., New York City time, on such day, provided, that the Warrant being exercised is received by the Warrant Agent by 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is received, or (ii) if the Warrant Agent receives such Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the New York Business Day succeeding such New York Business Day, provided that such day will be the Exercise Date only if the Warrant being exercised is received by 3:00 P.M., New York City time, on the second succeeding New York Business Day following the New York Business Day on which the Exercise Notice is received. In the event that the Warrant being exercised is received after 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is received, then the Exercise Date for such Warrant will be the day on which such Warrant is received or, if such day is not a New York Business Day, the next succeeding New York Business Day. Notwithstanding the foregoing, in the case of the exercise of a Book-Entry Warrant by CEDEL Clearstream or a Euroclear participant, CEDEL Clearstream or Euroclear, as the case may be, must by facsimile transmission to the Warrant Agent by 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date confirm (an "Account Confirmation") that the Warrants being exercised will be received by the Warrant Agent by 3:00 p.m., New York City time, on such date, provided, further, that if such Account Confirmation is received after 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date, the Company will be entitled to direct the Warrant Agent to reject the related Exercise Notice or waive the requirement for timely delivery of such Account Confirmation.

Exercise, Valuation and Delivery of Warrants. (a) Except for Warrants subject to automatic exercise or Warrants held through the facilities of CEDEL Clearstream or Euroclear, the "Exercise Date" for a Warrant means (i) the New York Business Day on which the Warrant Agent receives the Warrant and Exercise Notice in proper form with respect to such Warrant, if received at or prior to 3:00 P.M., New York City time, on such day, or (ii) if the Warrant Agent receives such Warrant or Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the next New York Business Day succeeding the New York Business Day on which such Warrant or Exercise Notice is received. In the case of Warrants held through the facilities of CEDEL Clearstream or Euroclear, except for Warrants subject to automatic exercise, the "Exercise Date" for a Warrant means (i) the New York Business Day on which the Warrant Agent receives (by facsimile transmission) the Exercise Notice in proper form with respect to such Warrant if such Exercise Notice is received at or prior to 3:00 P.M., New York City time, on such day, provided, that the Warrant being exercised is received by the Warrant Agent by 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is received, or (ii) if the Warrant Agent receives such Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the New York Business Day succeeding such New York Business Day, provided that such day will be the Exercise Date only if the Warrant being exercised is received by 3:00 P.M., New York City time, on the second succeeding New York Business Day following the New York Business Day on which the Exercise Notice is received. In the event that the Warrant being exercised is received after 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is received, then the Exercise Date for such Warrant will be the day on which such Warrant is received or, if such day is not a New York Business Day, the next succeeding New York Business Day. Notwithstanding the foregoing, in the case of the exercise of a Book-Entry Warrant by CEDEL or a Euroclear participant, CEDEL or Euroclear, as the case may be, must by facsimile transmission to the Warrant Agent by 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date confirm (an "Account Confirmation") that the Warrants being exercised will be received by the Warrant Agent by 3:00 p.m., New York City time, on such date, provided, further, that if such Account Confirmation is received after 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date, the Company will be entitled to direct the Warrant Agent to reject the related Exercise Notice or waive the requirement for timely delivery of such Account Confirmation.Entry

Exercise, Valuation and Delivery of Warrants. (a) Except for Warrants subject to automatic exercise or Warrants held through the facilities of CEDEL Clearstream or Euroclear, the "Exercise Date" for a Warrant means (i) the New York Business Day on which the Warrant Agent receives the Warrant and Exercise Notice in proper form with respect to such Warrant, if received at or prior to 3:00 P.M., New York City time, on such day, or (ii) if the Warrant Agent receives such Warrant or Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the next New York Business Day succeeding the New York Business Day on which such Warrant or Exercise Notice is received. In the case of Warrants held through the facilities of CEDEL Clearstream or Euroclear, except for Warrants subject to automatic exercise, the "Exercise Date" for a Warrant means (i) the New York Business Day on which the Warrant Agent receives (by facsimile transmission) the Exercise Notice in proper form with respect to such Warrant if such Exercise Notice is received at or prior to 3:00 P.M., New York City time, on such day, provided, that the Warrant being exercised is received by the Warrant Agent by 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is received, or (ii) if the Warrant Agent receives such Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the New York Business Day succeeding such New York Business Day, provided that such day will be the Exercise Date only if the Warrant being exercised is received by 3:00 P.M., New York City time, on the second succeeding New York Business Day following the New York Business Day on which the Exercise Notice is received. In the event that the Warrant being exercised is received after 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is received, then the Exercise Date for such Warrant will be the day on which such Warrant is received or, if such day is not a New York Business Day, the next succeeding New York Business Day. Notwithstanding the foregoing, in the case of the exercise of a Book-Entry Warrant by CEDEL Clearstream or a Euroclear participant, CEDEL Clearstream or Euroclear, as the case may be, must by facsimile transmission to the Warrant Agent by 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date confirm (an "Account Confirmation") that the Warrants being exercised will be received by the Warrant Agent by 3:00 p.m., New York City time, on such date, provided, further, that if such Account Confirmation is received after 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date, the Company will be entitled to direct the Warrant Agent to reject the related Exercise Notice or waive the requirement for timely delivery of such Account Confirmation.

Exercise, Valuation and Delivery of Warrants. (a) Except for Warrants subject to automatic exercise -------- exercise, or Warrants held through subject to the facilities of CEDEL Limit Option or Euroclearfollowing an Extension Event, the "Exercise Date" for a Warrant means will be (A) in the case of Warrants other than those held through the facilities of Centrale de Livraison de Valeris Mobiliees S.A. ("CEDEL") or Euroclear System ("Euroclear") (i) the New York Business Day on which the Warrant Agent receives at the Warrant Agent's Window, Attention: Tender Department, the Warrant Certificate (or transfer of such Warrant through the Depository in the case of Book-entry Warrants) and Exercise Notice (by facsimile transmission in accordance with Section 2.01(a)(B)(y) in the case of Exercise Notices for Book-entry Warrants) in proper form with respect to such Warrant, if received at or prior to 3:00 P.M., New York City time, on such day, or (ii) if the Warrant Agent receives such Warrant Certificate (or transfer of such Warrant through the Depository in the case of Book-entry Warrants) or Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the next New York Business Day next succeeding the New York Business Day on which such Warrant or Exercise Notice is received. In received (B) in the case of Warrants held through the facilities of CEDEL or Euroclear, except for Warrants subject to automatic exercise, the "Exercise Date" for a Warrant means (i) the New York Business Day on which the Warrant Agent receives (by facsimile transmission) the Exercise Notice in proper form with respect to such Warrant Certificate (or transfer of such Warrant through the Depository in the case of Book-entry Warrants) if such Exercise Notice is received at or prior to 3:00 P.M., New York City time, on such day, provided, provided that the Warrant being exercised Certificate (or transfer of such Warrant through the Depository) is received by the Warrant Agent by 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is receivedValuation Date, or (ii) if the Warrant Agent receives such Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the New York Business Day next succeeding such New York Business Day, provided that such day will be the Exercise Date only if the Warrant being exercised Certificate (or transfer of such Warrant through the Depository in the case of Book-entry Warrants) is received by 3:00 P.M., New York City time, on the second Valuation Date relating to exercises of Warrants on such succeeding Business Day; provided, further, however, in the case of exercises by Euroclear Participants, Euroclear must by facsimile to the Warrant Agent by 9:00 A.M., New York Business Day following City time, on the Valuation Date confirm that the Warrants will be received by the Warrant Agent on such date (the "Euroclear Confirmations"), provided, that if such facsimile is received after 9:00 A.M., New York Business Day City time, on which the Exercise Notice is receivedValuation Date, the Company will be entitled to direct the Warrant Agent to reject the related notice of exercise or waive the requirement for timely delivery of such facsimile. In the event that the Warrant being exercised Certificate (or transfer of such Warrant through the Depository in the case of Book-entry Warrants) is received after 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is receivedValuation Date, then the Exercise Date for such Warrant will be the day on which such Warrant is received or, if such day is not a New York Business Day, the next succeeding New York Business Day. Notwithstanding the foregoing, in the case of the exercise of a Book-Entry Warrant by CEDEL or a Euroclear participant, CEDEL or Euroclear, as the case may be, must by facsimile transmission to the Warrant Agent by 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date confirm (an "Account Confirmation") that the Warrants being exercised will be received by the Warrant Agent by 3:00 p.m., New York City time, on such date, provided, further, that if such Account Confirmation is received after 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date, the Company will be entitled to direct the Warrant Agent to reject the related Exercise Notice or waive the requirement for timely delivery of such Account Confirmation.

Exercise, Valuation and Delivery of Warrants. (a) Except for Warrants subject to automatic exercise or exercise, Warrants held through the facilities of CEDEL or Euroclear, or Warrants subject to the Limit Option, the "Exercise Date" for a Warrant means (i) the New York Business Day on which the Warrant Agent receives the Warrant and Exercise Notice in proper form with respect to such Warrant, if received at or prior to 3:00 P.M., New York City time, on such day, or (ii) if the Warrant Agent receives such Warrant or Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the next New York Business Day succeeding the New York Business Day on which such Warrant or Exercise Notice is received. In the case of Warrants held through the facilities of CEDEL or Euroclear, except for Warrants subject to automatic exerciseexercise and except for Warrants subject to the Limit Option, the "Exercise Date" for a Warrant means (i) the New York Business Day on which the Warrant Agent receives (by facsimile transmission) the Exercise Notice in proper form with respect to such Warrant if such Exercise Notice is received at or prior to 3:00 P.M., New York City time, on such day, provided, that the Warrant being exercised is received by the Warrant Agent by 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is received, or (ii) if the Warrant Agent receives such Exercise Notice after 3:00 P.M., New York City time, on a New York Business Day, then the New York Business Day succeeding such New York Business Day, provided that such day will be the Exercise Date only if the Warrant being exercised is received by 3:00 P.M., New York City time, on the second succeeding New York Business Day following the New York Business Day on which the Exercise Notice is received. In the event that the Warrant being exercised is received after 3:00 P.M., New York City time, on the New York Business Day next succeeding the date on which the Exercise Notice is received, then the Exercise Date for such Warrant will be the day on which such Warrant is received or, if such day is not a New York Business Day, the next succeeding New York Business Day. Notwithstanding the foregoing, in the case of the exercise of a Book-Entry Warrant by CEDEL or a Euroclear participant, CEDEL or Euroclear, as the case may be, must by facsimile transmission to the Warrant Agent by 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date confirm (an "Account Confirmation") that the Warrants being exercised will be received by the Warrant Agent by 3:00 p.m., New York City time, on such date, provided, further, that if such Account Confirmation is received after 9:00 a.m., New York City time, on the New York Business Day next succeeding the Exercise Date, the Company will be entitled to direct the Warrant Agent to reject the related Exercise Notice or waive the requirement for timely delivery of such Account Confirmation.