Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global Warrants") or in registered form as definitive Warrant certificates (the "Definitive Warrants"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defined) in accordance with instructions given by the Holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the Company. Upon written request, a Holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 hereof.
Appears in 4 contracts
Samples: Warrant Agreement (Discovery Zone Inc), Warrant Agreement (Discovery Zone Inc), Warrant Agreement (Discovery Zone Inc)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global Warrants") or in registered form as definitive Certificated Warrant certificates Certificates (the "Definitive Certificated Warrants"), in either case substantially in the form of Exhibit A attached hereto. The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A B attached hereto, dated the date on which countersigned. Such The Global Warrants shall represent such of the outstanding Warrants as shall be specified therein therein, and each Global Warrant shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository "Depositary" with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder holder of Warrants may receive from the Warrant Agent Definitive or the Depositary Certificated Warrants as set forth in Section 1.9 1.07 hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Entertainment Inc), Warrant Agreement (Entertainment Inc)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global Warrants") ), substantially in the form of Exhibit A hereto (including footnote 1 thereto), or in registered form as definitive Warrant certificates (the "Definitive Warrants"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the Company. Upon written request, a Holder Warrant holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 1.08 hereof.
Appears in 2 contracts
Samples: Warrant Agreement (XCL LTD), Warrant Agreement (Piccadilly Cafeterias Inc)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global WarrantsGLOBAL WARRANTS") or in registered form as definitive Warrant certificates Certificates (the "Definitive WarrantsDEFINITIVE WARRANTS"), in either case substantially in the form of EXHIBIT A attached hereto. The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A EXHIBIT B attached hereto, dated the date on which countersigned. Such The Global Warrants shall represent such of the outstanding Warrants as shall be specified therein therein, and each Global Warrant shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository "DEPOSITARY" with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder holder of Warrants may receive from the Warrant Agent or the Depositary Definitive Warrants as set forth in Section 1.9 1.08 hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Convergent Communications Inc /Co), Warrant Agreement (Rhythms Net Connections Inc)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either (i) in global form (the "“Global Warrants"”), substantially in the form of Exhibit A hereto (including the DTC legend thereon) or (ii) in registered form as non-global definitive Warrant certificates Certificates (the "“Definitive Warrants"”). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be , substantially in the form set forth in of Exhibit A attached hereto, dated hereto (but excluding the date on which countersignedDTC legend thereon). Such Global Warrants and Definitive Warrants shall represent such of the outstanding Warrants as shall be specified therein therein, and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon thereon, and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced decreased or increased, as appropriate. Any endorsement of a Global Warrant or a Definitive Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defineddefined below) in the case of a Global Warrant in accordance with written instructions given by the Holder thereof. The Depository Trust Company ("DTC"), a New York corporation, DTC shall act as the depository Depositary (the “Depositary”) with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the Company. Upon written request, and subject to Section 2.8, a Holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 hereof2.8.
Appears in 2 contracts
Samples: Warrant Agreement (Cresud Inc), Warrant Agreement (Cresud Inc)
Form of Warrant Certificates. The Warrant Certificates will initially shall be issued either initially in global the form of one or more permanent Global Warrants (the "Global Warrants") or ), substantially in registered the form as definitive Warrant certificates of Exhibit A hereto (the "Definitive Warrants"including footnote 1 thereto). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as definedidentified below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the Company. Upon written request, a Holder Warrant holder may receive from the Warrant Agent definitive warrants ("Definitive Warrants Warrants") as set forth in Section 1.9 1.08 hereof. Definitive Warrants shall be substantially in the form set forth in Exhibit A attached hereto.
Appears in 2 contracts
Samples: Warrant Agreement (Syntroleum Corp), Warrant Agreement (Syntroleum Corp)
Form of Warrant Certificates. The Warrant Certificates will initially shall be issued either initially in global the form of one or more permanent Global Warrants (the "“Global Warrants") or ”), substantially in registered the form as definitive Warrant certificates of Exhibit A hereto (the "Definitive Warrants"including footnote 1 thereto). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as definedidentified below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the Company. Upon written request, a Holder Warrant holder may receive from the Warrant Agent definitive warrants (“Definitive Warrants Warrants”) as set forth in Section 1.9 1.08 hereof. Definitive Warrants shall be substantially in the form set forth in Exhibit A attached hereto.
Appears in 2 contracts
Samples: Warrant Agreement (Syntroleum Corp), Warrant Agreement (Syntroleum Corp)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global Warrants") ), substantially in the form of Exhibit A hereto (including footnote 1 thereto), or in registered form as definitive Warrant certificates (the "Definitive Warrants"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defineddefined below) in accordance with written instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the Company. Upon written request, a Holder Warrant holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 1.08 hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Forman Petroleum Corp), Warrant Agreement (Forman Petroleum Corp)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global WarrantsGLOBAL WARRANTS") ), substantially in the form of Exhibit A hereto or in registered form as definitive Warrant certificates Certificates (the "Definitive WarrantsDEFINITIVE WARRANTS"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced decreased or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depositary (the "DEPOSITARY") with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the Company. Upon written request, and subject to Section 2.8 hereof, a Holder Warrant holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 2.8 hereof.
Appears in 1 contract
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global Warrants") or in registered form as definitive Warrant certificates Certificates (the "Definitive Warrants"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced decreased or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defined) in accordance with instructions given by the Holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the Company. Upon written request, and subject to Section 2.8 hereof, a Holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 2.8 hereof.
Appears in 1 contract
Samples: Warrant Agreement (Ziff Davis Intermediate Holdings Inc)
Form of Warrant Certificates. The Warrant Certificates will initially representing Warrants offered and sold in reliance on Rule 144A shall be issued either initially in global the form of one or more permanent Global Warrants (the "Global Warrants") or ), substantially in registered the form of Exhibit A hereto (including footnote 1 thereto). Warrants offered and sold in reliance on any other exemption from registration under the Securities Act other than as described in the preceding sentence shall be issued in the form of definitive Warrant certificates Certificates (the "Definitive Warrants"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the Company. Upon written request, a Holder Warrant holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 1.08 hereof.
Appears in 1 contract
Samples: Warrant Agreement (Packaged Ice Inc)
Form of Warrant Certificates. The certificates evidencing the Warrants are herein referred to collectively as the "Warrant Certificates." The Warrant Certificates will initially be issued either in global form (the "Global Warrants") ), substantially in the form of Exhibit A hereto, or in registered form as definitive Warrant certificates Certificates (the "Definitive Warrants")) substantially in the form of Exhibit A hereto. The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A attached B hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein therein, and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the Depositary (as defineddefined herein) in accordance with instructions given by the Holder thereof. holder thereof The Depository Trust Company (the "DTCDeposit"), a New York corporation, ) shall act as the depository Depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder holder of Warrants may receive from the Warrant Agent or the Depository Definitive Warrants as set forth in Section 1.9 hereof1.08.
Appears in 1 contract
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global WarrantsGLOBAL WARRANTS") or ), substantially in the form of EXHIBIT A hereto, and may subsequently be issued in registered form as definitive Warrant certificates Certificates (the "Definitive WarrantsDEFINITIVE WARRANTS"), also substantially in the form of EXHIBIT A attached hereto, as set forth in Section 1.08 (except that Warrants may be issued upon transfer, exchange or replacement without the Private Placement Legend as and to the extent provided in Section 1.07(g)). The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A EXHIBIT B attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary the Depository (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depository with respect to the Global Warrants (upon their release from escrow under the "Depositary") Warrant Escrow Agreement until a successor shall be appointed by the Company. Upon written request, a Holder may receive from Company and the Warrant Agent Definitive Warrants as set forth in Section 1.9 hereofAgent.
Appears in 1 contract
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global WarrantsGLOBAL WARRANTS"), substantially in the form of EXHIBIT A hereto (including footnote 1 thereto) or in registered form as definitive Warrant certificates (the "Definitive WarrantsDEFINITIVE WARRANTS"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit EXHIBIT A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder Warrant holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 1.08 hereof.
Appears in 1 contract
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global Warrants") ), substantially in the form of Exhibit A hereto, or in registered form as definitive Warrant certificates Certificates (the "Definitive Warrants")) substantially in the form of Exhibit A attached hereto. The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A B attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder holder of Warrants may receive from the Warrant Agent or the Depository Definitive Warrants as set forth in Section 1.9 1.08 hereof.
Appears in 1 contract
Samples: Warrant Agreement (Verio Inc)
Form of Warrant Certificates. The Warrant Certificates Prior to Separation, beneficial ownership of the Unit Warrants will initially be evidenced by record ownership of the Units. From and after Separation, the Unit Warrants will be issued either (a) in global form (the "Global WarrantsWarrant"), substantially in the form of Exhibit A attached hereto (including the text accompanying the footnotes thereto), and (b) or in registered definitive form as definitive Warrant certificates (the "Definitive Warrants"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be , substantially in the form set forth in of Exhibit A attached hereto, dated (excluding the date on which countersignedtext accompanying the footnotes thereto). Such The Purchaser Warrants will be issued as a Definitive Warrant or Warrants. The Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it Warrant shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and thereon; provided that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptions. Any endorsement of a the Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defined) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository with respect to the Global Warrants Warrant (the "DepositaryDepository") shall be The Depository Trust Company until a successor shall be appointed by the CompanyCompany and become such Depository. Upon written requestThe Global Warrant shall be registered in the name of the Depository, a Holder may receive from or the nominee of such Depository. So long as the Depository or its nominee is the registered owner of such Global Warrant Agent Definitive Warrants as set forth in Section 1.9 hereof.it will be deemed the sole owner and holder of such Global Warrant for all purposes hereunder and under such Global Warrant. The
Appears in 1 contract
Form of Warrant Certificates. The Warrant Certificates will initially representing Warrants offered and sold in reliance on Rule 144A shall be issued either initially in global the form of one or more permanent Global Warrants (the "Global Warrants") or ), substantially in registered the form of Exhibit A hereto (including footnote 1 thereto). Warrants offered and sold in reliance on any other exemption from 6 registration under the Securities Act other than as described in the preceding sentence shall be issued in the form of definitive Warrant certificates Certificates (the "Definitive Warrants"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the Company. Upon written request, a Holder Warrant holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 1.08 hereof.
Appears in 1 contract
Samples: Warrant Agreement (Packaged Ice Inc)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global WarrantsGLOBAL WARRANTS"), each substantially in the form of EXHIBIT A hereto (including footnote 1 thereto) or in registered form as definitive Warrant certificates Certificates (the "Definitive WarrantsDEFINITIVE WARRANTS"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall each be substantially in the form set forth in Exhibit EXHIBIT A attached hereto, dated the date on which countersigned. Such The Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount number of outstanding Warrants from time to time endorsed thereon and that the aggregate amount number of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount number of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder Warrant holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 1.7 hereof.
Appears in 1 contract
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global Warrants") or in registered form as definitive Warrant certificates Certificates (the "Definitive Warrants"), in either case substantially in the form of Exhibit A attached hereto. The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A B attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository depositary (with any successor depositary, the "Depositary") with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written requestUnder the circumstances set forth in Section 1.08 hereof, a Holder holder of Warrants may receive from the Warrant Agent or the Depository Definitive Warrants as set forth in Section 1.9 hereofupon written request.
Appears in 1 contract
Samples: Warrant Agreement (Pathnet Inc)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global Warrants") or ), substantially in the form of Exhibit A hereto (including footnote 1 thereto). In --------- the future, Warrant Certificates may be issued in registered form as definitive Warrant certificates (the "Definitive Warrants"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent --------- such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder Warrant holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 1.08 hereof.
Appears in 1 contract
Form of Warrant Certificates. The Warrant Certificates Warrants will initially be issued either in global form (the "“Global Warrants"”) or in registered form as definitive Warrant certificates Certificates (the "“Definitive Warrants"”). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants (as the case may be) to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository depositary with respect to the any Global Warrants (the "“Depositary"”) until a successor shall be appointed by the Company. Upon written request, a Holder Warrant holder may transfer a Definitive Warrant for a beneficial interest in the Global Warrant as set forth in Section 1.08 hereof, subject to the rules and procedures of the Depositary. In addition, upon written request, a Warrant holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 1.08 hereof.
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Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global Warrants") ), substantially in the form of Exhibit A hereto, or in registered form as definitive Warrant certificates Certificates (the "Definitive Warrants")) substantially in the form of Exhibit A attached hereto. The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A B attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder holder of Warrants may receive from the Warrant Agent or the Depositary Definitive Warrants as set forth in Section 1.9 1.08 hereof.
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Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global Warrants") or in registered form as definitive Warrant certificates Certificates (the "Definitive Warrants"), in either case substantially in the form of Exhibit A attached hereto. The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A B attached hereto, dated the date on which countersigned. Such The Global Warrants shall represent such of the outstanding Warrants as shall be specified therein therein, and each Global Warrant shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository "Depositary" with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder holder of Warrants may receive from the Warrant Agent or the Depositary Definitive Warrants as set forth in Section 1.9 1.08 hereof.
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Samples: Warrant Agreement (Dti Holdings Inc)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global WarrantsGLOBAL WARRANTS") ), substantially in the form of EXHIBIT A hereto, or in registered form as definitive Warrant certificates Certificates (the "Definitive WarrantsDEFINITIVE WARRANTS")) substantially in the form of EXHIBIT A attached hereto. The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A EXHIBIT B attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depositary with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder holder of Warrants may receive from the Warrant Agent or the Depository Definitive Warrants as set forth in Section 1.9 1.08 hereof.
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Samples: Warrant Agreement (Wam Net Inc)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form as 144A Global Warrants or Regulation S Global Warrants (collectively, the "“Global Warrants") ”), substantially in the form of Exhibit A hereto, or in registered form as definitive Warrant certificates Certificates (the "“Definitive Warrants")”) substantially in the form of Exhibit A attached hereto. The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A B attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary the Depository (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depository with respect to the Global Warrants (the "Depositary") Warrants, if issued, until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder holder of record of Warrants may receive from the Warrant Agent or the Depository Definitive Warrants as set forth in Section 1.9 1.08 hereof.
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Samples: Warrant Agreement (Transportation Technologies Industries Inc)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global Warrants") or in registered form as definitive Warrant certificates (the "Definitive Warrants"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount mount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defined) in accordance with instructions given by the Holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the Company. Upon written request, a Holder may receive from the Warrant Agent Definitive Warrants as set forth in Section 1.9 hereof.
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Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form (the "Global WarrantsGLOBAL WARRANTS") or in registered form as definitive Warrant certificates Certificates (the "Definitive WarrantsDEFINITIVE WARRANTS"), in either case substantially in the form of EXHIBIT A attached hereto. The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A EXHIBIT B attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the Depositary (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository depositary (with any successor depositary, the "DEPOSITARY") with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written requestUnder the circumstances set forth in Section 1.08 hereof, a Holder holder of Warrants may receive from the Warrant Agent or the Depository Definitive Warrants as set forth in Section 1.9 hereofupon written request.
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Samples: Supplemental Warrant Agreement (Pathnet Telecommunications Inc)
Form of Warrant Certificates. The Warrant Certificates will initially be issued either in global form as 144A Global Warrants or Regulation S Global Warrants (collectively, the "Global Warrants") ), substantially in the form of Exhibit A hereto, or in registered form as definitive Warrant certificates Certificates (the "Definitive Warrants")) substantially in the form of Exhibit A attached hereto. The Warrant Certificates evidencing the Any Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in bear the form legend set forth in Exhibit A B attached hereto, dated the date on which countersigned. Such Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary the Depository (as defineddefined below) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository Depository with respect to the Global Warrants (the "Depositary") until a successor shall be appointed by the CompanyCompany and the Warrant Agent. Upon written request, a Holder holder of record of Warrants may receive from the Warrant Agent or the Depository Definitive Warrants as set forth in Section 1.9 1.08 hereof.
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Form of Warrant Certificates. The Warrant Certificates Prior to Separation, beneficial ownership of the Unit Warrants will initially be evidenced by record ownership of the Units. From and after Separation, the Unit Warrants will be issued either (a) in global form (the "Global WarrantsWarrant"), substantially in the form of Exhibit A attached hereto (including the text accompanying the footnotes thereto), and (b) or in registered definitive form as definitive Warrant certificates (the "Definitive Warrants"). The Warrant Certificates evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be , substantially in the form set forth in of Exhibit A attached hereto, dated (excluding the date on which countersignedtext accompanying the footnotes thereto). Such The Global Warrants shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it Warrant shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and thereon; provided that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate, to reflect exchanges and redemptions. Any endorsement of a the Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and Depositary (as defined) in accordance with instructions given by the Holder holder thereof. The Depository Trust Company ("DTC"), a New York corporation, shall act as the depository with respect to the Global Warrants Warrant (the "DepositaryDepository") shall be The Depository Trust Company until a successor shall be appointed by the CompanyCompany and become such Depository. Upon written requestThe Global Warrant shall be registered in the name of the Depository, a Holder may receive from or the nominee of such Depository. So long as the Depository or its nominee is the registered owner of such Global Warrant Agent Definitive Warrants as set forth in Section 1.9 hereof.it will be deemed the sole owner and holder of such Global Warrant for all purposes hereunder and under such Global Warrant. The certificates (the "Warrant Certificates") evidencing the Global Warrant and the Definitive
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