Forms of Warrants. The form of the Public Warrant, Placement Warrant and Underwriters’ Warrant need not be changed because of any adjustment pursuant to this Section 4, and Warrants issued after such adjustment may state the same Warrant Price and the same number of shares as is stated in the Warrants initially issued pursuant to this Agreement. However, the Company may at any time in its sole discretion make any change in the form of any Warrant that the Company may deem appropriate and that does not affect the substance thereof, and any Warrant thereafter issued or countersigned, whether in exchange or substitution for an outstanding Warrant or otherwise, may be in the form as so changed.
Forms of Warrants. The Warrants shall be registered securities and shall be evidenced by a global warrant (“Global Warrant”) in the forms of Exhibit A-1, Exhibit A-2, or Exhibit A-3 to this Warrant Agreement, which shall initially be represented only by one or more global warrants deposited with the warrant agent, as custodian on behalf of The Depository Trust Company, or DTC, and registered in the name of Cede & Co., a nominee of DTC, or as otherwise directed by DTC. The terms of the Global Warrant are incorporated herein by reference. If DTC subsequently ceases to make its book-entry settlement system available for the Warrants, the Company may instruct the Warrant Agent regarding making other arrangements for book-entry settlement. In the event that the Warrants are not eligible for, or it is no longer necessary to have the Warrants available in, book-entry form, the Company may instruct the Warrant Agent to provide written instructions to DTC to deliver to the Warrant Agent for cancellation the Global Warrant, and the Company shall instruct the Warrant Agent to deliver to DTC separate certificates evidencing Warrants (“Definitive Certificates” and, together with the Global Warrant, “Warrant Certificates”) registered as requested through the DTC system.
Forms of Warrants. (a) The Warrants of each series shall be substantially in a form established by, or pursuant to authority granted under, a Board Resolution and set forth in (or referred to in) an Officers’ Certificate and shall have such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Agreement, and may have such letters, numbers or other marks of identification or designation and such legends or endorsements placed thereon as the Company may deem appropriate and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any law or with any rule or regulation made pursuant thereto or with any rule or regulation of any securities exchange on which any series of the Warrants may be listed or of any automated quotation system on which any such series may be quoted, or to conform to usage, all as determined by the officers executing such Warrants as conclusively evidenced by their execution of such Warrants.
(b) The terms and provisions of the Warrants shall constitute, and are hereby expressly made, a part of this Agreement, and, to the extent applicable, the Company and the Warrant Agent, by their execution and delivery of this Agreement expressly agree to such terms and provisions and to be bound thereby.
(c) Warrants may be issued hereunder substantially in the form of Appendix 1 hereto.
Forms of Warrants. No form of Warrant need be changed because of any adjustment pursuant to this Section 4.6, and Warrants issued after such adjustment may state the same Warrant Exercise Price and the same number of shares as is stated in the Warrants initially issued pursuant to this Agreement; provided, however, that the Company may at any time in its sole discretion make any change in the forms of Warrants that the Company may deem appropriate and that does not affect the substance thereof, and any Warrant thereafter issued or countersigned, whether in exchange or substitution for an outstanding Warrant or otherwise, may be in the form as so changed.
Forms of Warrants. As applied to the Warrants to be issued under the Warrant Agreement on or after the date of this Second Amendment to the Warrant Agreement, the forms of Warrants for each series shall be substantially in the forms of Exhibits I and II to this Second Amendment to the Warrant Agreement and as may be determined from time to time pursuant to Officers’ Certificates pursuant to Section 1.03 of the Warrant Agreement.
Forms of Warrants. As applied to the Warrants to be issued under the Warrant Agreement on or after the date of this Third Amendment to the Warrant Agreement, the forms of Warrants for each series shall be substantially in the forms of Schedules I and II to this Second Amendment to the Warrant Agreement, unless any such Warrant is of a series of Warrants originally issued prior to the date of this Third Amendment to the Warrant Agreement (for which the form of Warrants shall be the form which is applicable to the original issuance), and as may be determined from time to time pursuant to Officers’ Certificates pursuant to Section 1.03 of the Warrant Agreement.
Forms of Warrants. The Warrants shall be registered securities and shall be evidenced by a global warrant (“Global Warrant”) in the forms of Exhibit A-1, Exhibit A-2, or Exhibit A-3 to this Warrant Agreement, which shall initially be represented only by one or more global warrants deposited with the warrant agent, as custodian on behalf of each Holder as defined below. The terms of the Global Warrant are incorporated herein by reference. In the event that the Warrants are not eligible for, or it is no longer necessary to have the Warrants available in, book-entry form, the Company may instruct the Warrant Agent to cancel the Global Warrant, and the Company shall instruct the Warrant Agent to deliver to each Holder separate certificates evidencing Warrants (“Definitive Certificates” and, together with the Global Warrant, “Warrant Certificates”) registered.
Forms of Warrants. Each Series A Warrant and Series B Warrant shall be issued in registered form only, shall be in substantially the forms of Exhibit A and Exhibit B hereto, respectively, the provisions of which are incorporated herein and shall be signed by, or bear the facsimile signature of, the Chairman of the Board or Chief Executive Officer and Treasurer, Secretary, or Assistant Secretary of the Company and shall bear a facsimile of the Company’s seal. In the event that the person whose facsimile signature has been placed upon any Warrant shall have ceased to serve in the capacity in which such person signed the Warrant before such Warrant is issued, it may be issued with the same effect as if he or she had not ceased to be such at the date of issuance.
Forms of Warrants. Each Warrant shall be issued in registered form only. One of the Warrants shall be in substantially the form of Exhibit A-1 hereto (the “150% Redemption Warrants”), and the other of the Warrants shall be in substantially the form of Exhibit A-2 hereto (the “200% Redemption Warrants”), the respective provisions of which are incorporated herein. Each Warrant shall be signed by, or bear the electronic signature of, the Chief Executive Officer, President, Chief Financial Officer or Treasurer, Secretary or Assistant Secretary of the Company. NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED HEREIN, THE PROVISIONS OF THE 150% REDEMPTION WARRANTS AND THE 200% REDEMPTION WARRANTS SHALL BE BINDING IN ALL RESPECTS ON EACH OF THE COMPANY AND THE WARRANT AGENT; PROVIDED, HOWEVER, THAT, PURSUANT TO SECTION 8.4 HEREOF, THE HOLDERS SHALL NOT BE ENTITLED TO BRING ANY CLAIM DIRECTLY AGAINST THE WARRANT AGENT AND MUST ENFORCE ANY LEGAL OR EQUITABLE RIGHT, REMEDY OR CLAIM UNDER THE WARRANTS AGAINST THE COMPANY AND NOT THE WARRANT AGENT. TO THE EXTENT ANY TERM OR PROVISION HEREIN IS INCONSISTENT WITH THE 150% REDEMPTION WARRANTS AND THE 200% REDEMPTION WARRANTS, AS APPLICABLE, THE TERMS AND PROVISIONS OF THE 150% REDEMPTION WARRANTS AND THE 200% REDEMPTION WARRANTS, AS APPLICABLE, SHALL CONTROL; PROVIDED, HOWEVER, THAT SUBSEQUENT AMENDMENTS TO THE TERMS AND PROVISIONS OF THE 150% REDEMPTION WARRANTS AND THE 200% REDEMPTION WARRANTS, AS APPLICABLE, SHALL NOT BE BINDING AGAINST THE WARRANT AGENT UNLESS EXPRESSLY CONSENTED TO BY THE WARRANT AGENT. CAPITALIZED TERMS USED BUT NOT DEFINED HEREIN SHALL HAVE THE MEANING ASCRIBED TO THEM IN THE 150% REDEMPTION WARRANTS AND THE 200% REDEMPTION WARRANTS, AS APPLICABLE. In the event the person whose electronic signature has been placed upon any Warrant shall have ceased to serve in the capacity in which such person signed the Warrant before such Warrant is issued, it may be issued with the same effect as if he or she had not ceased to be such at the date of issuance. All of the Warrants shall initially be represented by one or more book-entry certificates (each a “Book-Entry Warrant Certificate”).
Forms of Warrants. Each Series W Warrant and Series Z Warrant shall be issued in registered form only. Each Series W Warrant shall be in substantially the form of Exhibit A hereto, the provisions of which are incorporated herein and shall be signed by, or bear the facsimile signature of, the Chairman of the Board or Chief Executive Officer and Treasurer, Secretary, or Assistant Secretary of the Company and shall bear a facsimile of the Company’s seal. The form of the Series Z Warrant shall be substantially the same as the Series W Warrant at the time the Series Z Warrants become issuable. In the event that the person whose facsimile signature has been placed upon any Warrant shall have ceased to serve in the capacity in which such person signed the Warrant before such Warrant is issued, it may be issued with the same effect as if he or she had not ceased to be such at the date of issuance.
