Common use of Issuance and Delivery of Warrant Certificates Clause in Contracts

Issuance and Delivery of Warrant Certificates. (a) Upon the execution and delivery of this Agreement, the Company shall deliver one or more Warrant Certificates executed by the Company to the Warrant Agent for authentication. Except as provided in the following sentence, the Warrant Agent shall, upon written request of the Company and delivery to the Warrant Agent of the Officers' Certificate and Opinion of Counsel as required under Section 2.7 of this Warrant Agreement, thereupon authenticate such Warrant Certificates and hold the same as custodian for DTC. Subsequent to the original issuance, the Warrant Agent shall authenticate new Warrant Certificates only if such Warrant Certificates are issued in exchange or substitution for one or more previously authenticated Warrant Certificates or in connection with their transfer, as hereinafter provided. (b) Pending the preparation of Definitive Warrants, the Company may execute, and, upon written request of the Company and delivery to the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates that are printed, lithographed, typewritten, mimeographed or otherwise produced, substantially of the tenor of the Definitive Warrants in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officer executing such Warrant Certificates may determine, as evidenced by such officer's execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause Definitive Warrants to be prepared without unreasonable delay. After the preparation of Definitive Warrants, the temporary Warrant Certificates shall be exchangeable for Definitive Warrants upon surrender of the temporary Warrant Certificates at the corporate trust office of the Warrant Agent, without charge to the Holder thereof. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute and, upon request of the Company and delivery to the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, the Warrant Agent shall authenticate and deliver in exchange therefor Definitive Warrants representing the same aggregate number of Warrants. Until so exchanged, the temporary Warrant Certificates shall in all respects be entitled to the same benefits under this Warrant Agreement as Definitive Warrants.

Issuance and Delivery of Warrant Certificates. (a) Upon the execution and delivery of this Agreement, the Company shall deliver one or more Warrant Global Unit Certificates executed by the Company to the Warrant Agent for authentication. Except as provided in the following sentence, the Warrant Agent shall, upon written request of the Company and delivery to the Warrant Agent of the same Officers' ’ Certificate and Opinion of Counsel as required under Section 2.7 1.2 of this Warrant the Unit Agreement, thereupon authenticate such Warrant Certificates and hold the same as custodian for DTC. Subsequent to the original issuance, the Warrant Agent shall authenticate new Warrant Certificates only if such Warrant Certificates are issued in exchange or substitution for one or more previously authenticated Warrant Certificates or in connection with their transfer, as hereinafter provided. (b) Pending the preparation of Definitive Warrants, the Company may execute, and, upon written request of the Company and delivery to the Warrant Agent of the same Officers' ’ Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates that are printed, lithographed, typewritten, mimeographed or otherwise produced, substantially of the tenor of the Definitive Warrants in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officer executing such Warrant Certificates may determine, as evidenced by such officer's ’s execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause Definitive Warrants to be prepared without unreasonable delay. After the preparation of Definitive Warrants, the temporary Warrant Certificates shall be exchangeable for Definitive Warrants upon surrender of the temporary Warrant Certificates at the corporate trust office of the Warrant Agent, without charge to the Holder thereof. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute and, upon request of the Company and delivery to the Warrant Agent of the same Officers' ’ Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, the Warrant Agent shall authenticate and deliver in exchange therefor Definitive Warrants representing the same aggregate number of Warrants. Until so exchanged, the temporary Warrant Certificates shall in all respects be entitled to the same benefits under this Warrant Agreement as Definitive Warrants.