Common use of Form of Special Warrants Clause in Contracts

Form of Special Warrants. (a) The Special Warrants may be issued in both certificated and uncertificated form. Special Warrants issued to a U.S. Purchaser will be represented by definitive Special Warrant Certificates only. The Special Warrant Certificates (including all replacements issued in accordance with this Indenture) will be substantially in the form set out in Schedule “A” for the Special Warrants, will be dated the date of issuance of the Special Warrant Certificates in accordance with the written order of the Company, and will bear such legends and distinguishing letters and numbers as the Company may, with the approval of the Special Warrant Agent, prescribe. (b) Subject to Section 2.14(j) and Section 3.6, except in certain limited circumstances, including where a Special Warrant Certificate requires the addition of a legend under applicable securities laws of the United States (including without limitation, Special Warrant Certificates representing Special Warrants issued to a U.S. Purchaser), (i) Special Warrants may be issued and registered to the Depository, and will be deposited directly with the Depository pursuant to a direct Book-Entry Only System, (ii) Special Warrant Certificates evidencing the Special Warrants may be issued to Special Warrantholders, and (iii) Beneficial Owners will receive only a customer confirmation, which is to include all applicable legends, from the applicable registered dealer who is a Participant and from or through whom a beneficial interest in the Special Warrant is held. Beneficial Holders of Special Warrants issued in uncertificated form evidenced by a security entitlement in respect of Special Warrants in the Book-Entry Only System who desires to exercise his, her or its Special Warrants must do so by causing a Participant to deliver to the Depository on behalf of the entitlement holder, notice of the owner’s intention to exercise Special Warrants in a manner acceptable to the Depository. (c) The Special Warrant Certificates may be engraved, lithographed or printed (the expression “printed”, including for purposes hereof, mechanically, photographically, photostatically or electronically reproduced, typewritten or other written material), or partly in one form and partly in another, as the Special Warrant Agent may determine.

Appears in 2 contracts

Samples: Special Warrant Indenture, Special Warrant Indenture

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Form of Special Warrants. (a) The Special Warrants may be issued in both certificated and uncertificated form. Special Warrants issued to a U.S. Purchaser will be represented by definitive Special Warrant Certificates only. The Special Warrant Certificates (including all replacements issued in accordance with this Indenture) will be substantially in the form set out in Schedule “A” A for the Special Warrants, will be dated the date of issuance of the Special Warrant Certificates in accordance with the written order of the Company, and will bear such legends and distinguishing letters and numbers as the Company may, with the approval of the Special Warrant Agent, prescribe. (b) Subject to Section 2.2(a), Section 2.14(j) and Section 3.6, except in certain limited circumstances, including where a Special Warrant Certificate requires the addition of a legend under applicable securities laws of the United States (including without limitation, Special Warrant Certificates representing Special Warrants issued to a U.S. Purchaser)3.8, (i) Special Warrants may be issued and registered to the Depository, and will be deposited directly with the Depository pursuant to a direct Book-Entry Only System, (ii) Special Warrant Certificates evidencing the Special Warrants may be issued to Special Warrantholders, and (iii) in which case Beneficial Owners will receive only a customer confirmation, which is to will include all applicable legends, from the applicable registered dealer who is a Participant and from or through whom a beneficial interest in the Special Warrant is held, and/or (ii) Special Warrant Certificates evidencing the Special Warrants may be issued and registered to Special Warrantholders. Beneficial Holders of Special Warrants issued in uncertificated form evidenced by a security entitlement in respect of Special Warrants in the Book-Entry Only System who desires to exercise his, her or its Special Warrants must do so by causing a Participant to deliver to the Depository on behalf of the entitlement holder, notice of the owner’s 's intention to exercise Special Warrants in a manner acceptable to the Depository. (c) The Special Warrant Certificates may be engraved, lithographed or printed (the expression "printed", including for purposes hereof, mechanically, photographically, photostatically or electronically reproduced, typewritten or other written material), or partly in one form and partly in another, as the Special Warrant Agent may determine.

Appears in 1 contract

Samples: Special Warrant Indenture

Form of Special Warrants. (a) The Special Warrants may be issued in both certificated and uncertificated form. Special Warrants issued to form (including a U.S. Purchaser will be represented by definitive Special Warrant Certificates onlyDRS Advice). The Special Warrant Certificates (including all replacements issued in accordance with this Indenture) will be substantially in the form set out in Schedule “A” for the Special Warrants, will be dated the date of issuance of the Special Warrant Certificates in accordance with the written order of the Company, and will bear such legends and distinguishing letters and numbers as the Company may, with the approval of the Special Warrant Agent, prescribe. (b) Subject to Section 2.14(j) and Section 3.6, except in certain limited circumstances, including where a Special Warrant Certificate requires the addition of a legend under applicable securities laws of the United States (including without limitation, Special Warrant Certificates representing Special Warrants issued to a U.S. Purchaser), : (i) Special Warrants may be issued and registered to the Depository, and will be deposited directly with the Depository pursuant to a direct Book-Entry Only System, ; (ii) Special Warrant Certificates evidencing the Special Warrants may be issued to Special Warrantholders, ; and (iii) Beneficial Owners will receive only a customer confirmation, which is to include all applicable legends, from the applicable registered dealer who is a Participant and from or through whom a beneficial interest in the Special Warrant is held. Beneficial Holders of Special Warrants issued in uncertificated form evidenced by a security entitlement in respect of Special Warrants in the Book-Entry Only System who desires to exercise his, her or its Special Warrants must do so by causing a Participant to deliver to the Depository on behalf of the entitlement holder, notice of the owner’s intention to exercise Special Warrants in a manner acceptable to the Depository. (c) The Special Warrant Certificates may be engraved, lithographed or printed (the expression “printed”, including for purposes hereof, mechanically, photographically, photostatically or electronically reproduced, typewritten or other written material), or partly in one form and partly in another, as the Special Warrant Agent may determine.

Appears in 1 contract

Samples: Special Warrant Indenture (Bunker Hill Mining Corp.)

Form of Special Warrants. (a) The Special Warrants may be issued in both certificated and uncertificated form. Special Warrants issued to a U.S. Purchaser will be represented by definitive Special Warrant Certificates only. The Special Warrant Certificates (including all replacements issued in accordance with this Indenture) will be substantially in the form set out in Schedule “A” for the Special Warrants, will be dated the date of issuance of the Special Warrant Certificates in accordance with the written order of the Company, and will bear such legends and distinguishing letters and numbers as the Company Corporation may, with the approval of the Special Warrant Agent, prescribe. (b) Subject to subsection Section 2.14(j) and Section 3.63.7, except in certain limited circumstances, including where a Special Warrant Certificate requires the addition of a legend under applicable securities laws of the United States (including without limitation, Special Warrant Certificates representing Special Warrants issued to a U.S. Purchaser), (i) Special Warrants may will be issued and registered to the Depository, and will be deposited directly with the Depository pursuant to a direct Book-Entry Only System, (ii) no Special Warrant Certificates evidencing the Special Warrants may will be issued to Special Warrantholders, ; and (iii) Beneficial Owners Special Warrantholders will receive only a customer confirmation, which is to include all applicable legends, from the applicable registered dealer who is a Participant and from or through whom a beneficial interest in the Special Warrant is held. Beneficial Holders of Special Warrants issued in uncertificated form evidenced by a security entitlement in respect of Special Warrants in the Book-Book- Entry Only System who desires to exercise his, his or her or its Special Warrants must do so by causing a Participant to deliver to the Depository on behalf of the entitlement holder, notice of the owner’s intention to exercise Special Warrants in a manner acceptable to the Depository. (c) The Special Warrant Certificates may be engraved, lithographed or printed (the expression “printed”, including for purposes hereof, mechanically, photographically, photostatically or electronically reproduced, typewritten or other written material), or partly in one form and partly in another, as the Special Warrant Agent may determine.

Appears in 1 contract

Samples: Special Warrant Indenture (Niocorp Developments LTD)

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Form of Special Warrants. (a) The Special Warrants may be issued in both certificated and uncertificated form. Special Warrants issued to a U.S. Purchaser in accordance with Regulation D under the U.S. Securities Act will be represented by definitive Special Warrant Certificates only. The Special Warrant Certificates (including all replacements issued in accordance with this Indenture) will be substantially in the form set out in Schedule “A” for the Special Warrants, will be dated the date of issuance of the Special Warrant Certificates in accordance with the written order of the Company, and will bear such legends and distinguishing letters and numbers as the Company Corporation may, with the approval of the Special Warrant Agent, prescribe. (b) Subject to Section 2.14(jsubsection 2.15(k) and Section 3.63.7, except in certain limited circumstances, including where a Special Warrant Certificate requires the addition of a legend under applicable securities laws of the United States (including without limitation, Special Warrant Certificates representing Special Warrants issued in the United States pursuant to a Rule 506 of Regulation D under the U.S. PurchaserSecurities Act), (i) Special Warrants may will be issued and registered to the Depository, and will be deposited directly with the Depository pursuant to a direct Book-Entry Only System, (ii) no Special Warrant Certificates evidencing the Special Warrants may will be issued to Special Warrantholders, ; and (iii) Beneficial Owners Special Warrantholders will receive only a customer confirmation, which is to include all applicable legends, from the applicable registered dealer who is a Participant and from or through whom a beneficial interest in the Special Warrant is held. Beneficial Holders of Special Warrants issued in uncertificated form evidenced by a security entitlement in respect of Special Warrants in the Book-Book- Entry Only System who desires to exercise his, his or her or its Special Warrants must do so by causing a Participant to deliver to the Depository on behalf of the entitlement holder, notice of the owner’s intention to exercise Special Warrants in a manner acceptable to the Depository. (c) The Special Warrant Certificates may be engraved, lithographed or printed (the expression “printed”, including for purposes hereof, mechanically, photographically, photostatically or electronically reproduced, typewritten or other written material), or partly in one form and partly in another, as the Special Warrant Agent may determine.

Appears in 1 contract

Samples: Special Warrant Indenture (Niocorp Developments LTD)

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