Common use of Form and Dating; Legends Clause in Contracts

Form and Dating; Legends. (a) The Warrants will be substantially in the form attached as Exhibit A. The terms and provisions contained in the form of the Warrants annexed as Exhibit A constitute, and are hereby expressly made, a part of this Agreement. The Warrants may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges to which the Company is subject, or usage. Each Warrant will be dated the date of its countersignature. (i) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(iv) or Section 6.2(c), each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants sold by the Company in reliance on Rule 144A will initially be issued in the form of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant to the exemption from registration afforded by Section 4(a)(2) of the Securities Act will initially be issued in the form of a U.S. Global Warrant. (i) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or (ii) a Warrant is sold pursuant to an effective registration statement under the Securities Act, the Company may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such instruction. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant), each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will be categorized as Series A Warrants and will be substantially in the form attached as Exhibit A. The terms and provisions contained in the form of the Warrants annexed attached as Exhibit A constitute, and are hereby expressly made, a part of this Agreement. The Warrants may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges National Securities Exchanges to which the Company is subject. The Warrants shall be issued in uncertificated, or usage. Each Warrant will be dated book entry form as of the date of its countersignaturethis Agreement, but the Holders shall be entitled to, and upon request from a Holder, the Company shall promptly cause to be delivered to the Holder, certificates representing the Warrants. (ib) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(iv3.01(c) or Section 6.2(c)3.09, each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants sold by the Company in reliance on Rule 144A will initially be issued in the form of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant to the exemption from registration afforded by Section 4(a)(2) of the Securities Act will initially be issued in the form of a U.S. Global Warrant. (i) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, then, in each case, the Company may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such instruction. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant)Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will be substantially in the form attached as Exhibit A. The terms and provisions contained in the form of the Warrants annexed as Exhibit A constitute, and are hereby expressly made, a part of this the Warrant Agreement. The Warrants may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges to which the Company is subject, or usage. Each Warrant will be dated the date of its countersignature. (i) Except as otherwise provided in Section 3.1(cparagraph (c), Section 6.1(b)(iv3.10(b)(iii), or (c) or Section 6.2(c3.09(b)(iv), each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants offered and sold by in reliance on any exception under the Securities Act other than Regulation S and Rule 144A will be issued, and upon the request of the Company to the Warrant Agent, Warrants offered and sold in reliance on Rule 144A will initially may be issued issued, in the form of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be Certificated Warrants. (iv) Each Warrant issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant prior to the exemption from registration afforded by Section 4(a)(2) of Separation Date will bear the Securities Act will initially be issued in the form of a U.S. Global WarrantUnit Legend. (i) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy for current public information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, pursuant to the Registration Rights Agreement or otherwise the Company may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such instruction. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant), each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this the Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will be categorized as Series A Warrants and Series B Warrants, respectively, and will be substantially in the form respective forms attached as Exhibit A. A and Exhibit B, respectively. The terms and provisions contained in the form of the Warrants annexed attached as Exhibit A and Exhibit B constitute, and are hereby expressly made, a part of this Agreement. The Warrants may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges to which the Company Partnership is subject, or usage; provided that they do not affect the rights, duties obligations, responsibilities, liabilities or indemnities of the Warrant Agent. Each Warrant will be dated the date of its countersignature. (ib) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(iv3.01(c) or Section 6.2(c)3.09, each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants sold by the Company in reliance on Rule 144A will initially be issued in the form of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant to the exemption from registration afforded by Section 4(a)(2) of the Securities Act will initially be issued in the form of a U.S. Global Warrant. (i) If the Company Partnership determines (upon the advice of counsel and such other certifications and evidence as the Company Partnership may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, then, in each case, the Company Partnership may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such written instruction. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant)Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will be categorized as Series A Warrants and will be substantially in the form attached as Exhibit A. The terms and provisions contained in the form of the Warrants annexed attached as Exhibit A constitute, and are hereby expressly made, a part of this Agreement. The Warrants may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges National Securities Exchanges to which the Company is subject, or usage. Each Warrant will be dated the date of its countersignature. The Warrants shall be issued in uncertificated, book entry form as of the date of this Agreement, but the Holders shall be entitled to, and the Company shall cause to be delivered to the Holders, promptly after the date of this Agreement, certificates representing the Warrants. (ib) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(iv3.01(c) or Section 6.2(c)3.09, each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants sold by the Company in reliance on Rule 144A will initially be issued in the form of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant to the exemption from registration afforded by Section 4(a)(2) of the Securities Act will initially be issued in the form of a U.S. Global Warrant. (i) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, then, in each case, the Company may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such instruction. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant)Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will be categorized as Series A Warrants and Series B Warrants, respectively, and will be substantially in the form respective forms attached as Exhibit A. A and Exhibit B. The terms and provisions contained in the form of the Warrants annexed attached as Exhibit A and Exhibit B constitute, and are hereby expressly made, a part of this Agreement. The Warrants may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges to which the Company is subject, or usage. Each Warrant will be dated the date of its countersignature. (ia) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(iv3.01(c) or Section 6.2(c)3.09, each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants sold by the Company in reliance on Rule 144A will initially be issued in the form of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant to the exemption from registration afforded by Section 4(a)(2) of the Securities Act will initially be issued in the form of a U.S. Global Warrant. (i) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, then, in each case, the Company may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such instruction. (dc) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant)Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will Securities of each series and the certificate of authentication to appear thereon, if any, shall be substantially in the such form attached or forms (not inconsistent with this Indenture) as Exhibit A. The terms and provisions contained in the form shall be established by or pursuant to Board Resolution of the Warrants annexed Issuer or the Parent Guarantor or one or more indentures supplemental hereto, with such letters, numbers or other marks of identification, insertions, omissions, substitutions, legends, endorsements and other variations as Exhibit A constitute, and are hereby expressly made, a part authorized or permitted by the provisions of this AgreementIndenture, or may be required to comply with any law, rule or regulation or any rule of any securities exchange or to conform to usage, all as may consistently herewith be determined by the officers of the Issuer executing such Securities as evidenced by their execution of the Securities. The Warrants Guarantees endorsed on the Securities of each series shall be substantially in such form or forms (not inconsistent with this Indenture) as shall be established by or pursuant to Board Resolution of the Guarantors or one or more indentures supplemental hereto, with such letters, numbers or other marks of identification, insertions, omissions, substitutions, legends, endorsements and other variations as are authorized or permitted by the provisions of this Indenture, or may be required to comply with any law, rule or regulation or any rule of any securities exchange or to conform to usage, all as may consistently herewith be determined by the officers of the Guarantors executing such Guarantees as evidenced by their execution of the Guarantees. Unless otherwise established pursuant to Section 2.03 for the Securities of any series, each Security shall be dated the date of its authentication. The definitive Securities and Guarantees shall be printed, lithographed, engraved, or produced by any combination of these methods, all as determined by the officers of the Issuer executing such Securities, as evidenced by their execution thereof. Unless otherwise established pursuant to Section 2.03 for the Securities of any series, the certificate of authentication to appear on all Securities shall be substantially as follows: This Security is one of the Securities of the series referred to herein issued pursuant to the within-mentioned Indenture. U.S. Bank Trust Company, National Association, as Trustee By: In addition, the Securities may have notations, legends or endorsements required by law, rules of rule or agreements with national securities exchanges usage to which the Company Issuer is subject, or usage. Each Warrant will be dated the date of its countersignature. (i) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(iv) or Section 6.2(c), each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants sold by the Company in reliance on Rule 144A will initially be issued The terms and provisions contained in the form Securities shall constitute, and are expressly made, a part of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant this Indenture and, to the exemption from registration afforded extent applicable, the Issuer, the Guarantors and the Trustee, by Section 4(a)(2) their execution and delivery of this Indenture, expressly agree to such terms and provisions and agree to be bound thereby. If there is a conflict between the terms of the Securities Act will initially and this Indenture, the terms of this Indenture shall govern. The Securities may be issued in presented for registration of transfer and exchange at the form of a U.S. Global Warrant. (i) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers offices of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or (ii) a Warrant is sold pursuant to an effective registration statement under the Securities Act, the Company may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such instructionRegistrar. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant), each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will Notes and the Trustee’s certificate of authentication with respect thereto shall be substantially in the form attached as set forth (a) in Exhibit A. The terms and provisions contained A-1, with respect to the 2028 Notes, (b) Exhibit A-2, with respect to the 2033 Notes (in the form case of clauses (a) and (b), with respect to Restricted Notes), (c) Exhibit A-3, with respect to the Warrants annexed as Exhibit A constitute2028 Notes, and are hereby expressly made(d) Exhibit A-4 with respect to the 2033 Notes (in the case of clauses (c) and (d), with respect to Unrestricted Notes), each of which is incorporated in and forms a part of this AgreementIndenture. Each Note shall be dated the date of its authentication. The Warrants Notes may have notations, legends or endorsements required by law, rules of rule or agreements with national securities exchanges usage to which the Company Issuer is subject. Without limiting the generality of the foregoing, or usage. Each Warrant will be dated the date of its countersignature. (i) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(iv) or Section 6.2(c), each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants Notes offered and sold by the Company to Qualified Institutional Buyers in reliance on Rule 144A (“Rule 144A Notes”), Notes offered and sold in offshore transactions in reliance on Regulation S (“Regulation S Notes”) and all other Restricted Notes shall bear the Private Placement Legend. All Global Notes shall bear the Global Note Legend. Regulation S Notes shall bear the Regulation S Legend. Exchange Notes will initially be issued in the form of a U.S. one or more Global WarrantNotes. Warrants sold by the Company in reliance on Regulation S will initially be After an Initial Note or any Additional Note is (a) issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant to the exemption from registration afforded by Section 4(a)(2) of the Securities Act will initially be issued in the form of a U.S. Global Warrant. (i) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or (ii) a Warrant is sold pursuant to an effective registration statement under the Securities Act, the Company Registration Rights Agreement or otherwise or (b) is validly tendered in exchange for an Exchange Note pursuant to an Exchange Offer, the Issuer may instruct the Warrant Agent in writing Trustee to cancel the Warrant Initial Note or the Additional Note, as the case may be, and issue to the Holder thereof (or to its transferee) a new Warrant Exchange Note of like tenortenor and amount, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Private Placement Legend, and the Warrant Agent Trustee will comply with such instruction. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant), each Holder thereof . The terms and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and provisions contained in the Restricted Legend Notes shall constitute, and agrees that it will are expressly made, a part of this Indenture and, to the extent applicable, the Issuer, the Guarantors and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and agree to be bound thereby. If there is a conflict between the terms of the Notes and this Indenture, the terms of this Indenture shall govern. The Notes may be presented for registration of transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legendexchange at the offices of the Registrar.

Form and Dating; Legends. (a) The Warrants will be categorized as Series A Warrants and will be substantially in the form attached as Exhibit A. The terms and provisions contained in the form of the Warrants annexed attached as Exhibit A constitute, and are hereby expressly made, a part of this Agreement. The Warrants may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges National Securities Exchanges to which the Company is subject, or usage. Each Warrant will be dated the date of its countersignature. (ib) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(iv3.01(c) or Section 6.2(c)3.09, each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants sold by the Company in reliance on Rule 144A will initially be issued in the form of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant to the exemption from registration afforded by Section 4(a)(2) of the Securities Act will initially be issued in the form of a U.S. Global Warrant. (i) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, then, in each case, the Company may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such instruction. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant)Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will be categorized as Series A Warrants and Series B Warrants, respectively, and will be substantially in the form respective forms attached as Exhibit A. A and Exhibit B. The terms and provisions contained in the form of the Warrants annexed attached as Exhibit A and Exhibit B constitute, and are hereby expressly made, a part of this Agreement. The Warrants may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges to which the Company is subject, or usage. Each Warrant will be dated the date of its countersignature. (ib) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(iv3.01(c) or Section 6.2(c)3.09, each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants sold by the Company in reliance on Rule 144A will initially be issued in the form of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant to the exemption from registration afforded by Section 4(a)(2) of the Securities Act will initially be issued in the form of a U.S. Global Warrant. (i) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, then, in each case, the Company may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such instruction. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant)Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants shall initially be issued by the Company as of the Issue Date in uncertificated, book entry form; provided, that some or all of the Warrants may, at their initial issuance or any time thereafter, be represented by one or more Global Warrants; and, provided, further, that the Holders shall be entitled to, and upon request from a Holder, the Company shall promptly cause to be delivered to the Holder, Certificated Warrants. The Company shall provide prompt written notice to the Warrant Agent of any request for Certificated Warrants. Any Warrants issued in certificated form (whether Global Warrants or Certificated Warrants) will be substantially in the form attached as Exhibit A. The terms and provisions contained in the form of the Warrants annexed Warrant Certificates attached as Exhibit A constitute, and are hereby expressly made, a part of this Agreement. The Warrants may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges National Securities Exchanges to which the Company is subject, or usage. Each Warrant will be dated the date of its countersignature. (ib) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(iv3.01(c) or Section 6.2(c)3.09, each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants sold by the Company in reliance on Rule 144A will initially be issued in the form of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant to the exemption from registration afforded by Section 4(a)(2) of the Securities Act will initially be issued in the form of a U.S. Global Warrant. (i) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, then, in each case, the Company may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, with an Opinion of Counsel reasonably acceptable to the Warrant Agent that no Restricted Legend is required, and the Warrant Agent will comply with such instruction. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant)Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will be substantially in the form attached as Exhibit A. A with a legend in the form attached as Exhibit B, if applicable. The terms and provisions contained in the form of the Warrants annexed as Exhibit A constitute, and are hereby expressly made, a part of this the Warrant Agreement. The Warrants may also have such additional notations, legends or endorsements required by law, rules of or agreements with national securities exchanges to which the Company is subject, or common usage. Each Warrant will be dated the date of its countersignaturecountersignature by the Warrant Agent. (ib) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(ivparagraph (c) or Section 6.2(c3.09(b), each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants sold by the Company in reliance on Rule 144A will initially be issued in the form of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant to the exemption from registration afforded by Section 4(a)(2) of the Securities Act will initially be issued in the form of a U.S. Global Warrant. (i) If the Company or the Initial Holder determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a any successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, ; or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, ; the Company or the Initial Holder with written consent from the Company (which shall not be unreasonably withheld) may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such instruction. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant), each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will be categorized as Series B Warrants and will be substantially in the form attached as Exhibit A. The terms and provisions contained in the form of the Warrants annexed attached as Exhibit A constitute, and are hereby expressly made, a part of this Agreement. The Warrants may have notations, legends or endorsements required by law, rules of or agreements with national securities exchanges National Securities Exchanges to which the Company is subject. The Warrants shall be issued in uncertificated, or usage. Each Warrant will be dated book entry form as of the date of its countersignaturethis Agreement, but the Holders shall be entitled to, and upon request from a Holder, the Company shall promptly cause to be delivered to the Holder, certificates representing the Warrants. (ib) Except as otherwise provided in Section 3.1(c), Section 6.1(b)(iv3.01(c) or Section 6.2(c)3.09, each Warrant will bear the Restricted Legend. (ii) Each Global Warrant will bear the DTC Legend. (iii) Warrants sold by the Company in reliance on Rule 144A will initially be issued in the form of a U.S. Global Warrant. Warrants sold by the Company in reliance on Regulation S will initially be issued in the form of a Regulation S Global Warrant. Warrants sold by the Company to Accredited Investors pursuant to the exemption from registration afforded by Section 4(a)(2) of the Securities Act will initially be issued in the form of a U.S. Global Warrant. (i) If the Company determines (upon the advice of counsel and such other certifications and evidence as the Company may reasonably require) that a Warrant is would, but for the transfer restrictions set forth in Section 3.09, be eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) by a non-affiliate without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant (or a beneficial interest therein) are effected in compliance with the Securities Act, or or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, then, in each case, the Company may instruct the Warrant Agent in writing to cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such instruction. (d) By its acceptance of any Warrant bearing the Restricted Legend (or any beneficial interest in such a Warrant)Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant (and any such beneficial interest) set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant (and any such beneficial interest) only in accordance with this Agreement and such legend.