Common use of Issuance and Delivery of Warrants Clause in Contracts

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute the Global Warrants (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants equal to 2,142,857 in the case of the 2019 Warrants and 2,142,857 in the case of the 2020 Warrants (such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement and the Plan and deliver such Global Warrants to the Warrant Agent, for authentication, along with duly executed Authentication Orders. The Warrant Agent shall then Transfer such Global Warrants to the Global Warrant Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. The 2019 Global Warrants and the 2020 Global Warrants shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be exercisable (upon payment of their respective Exercise Prices and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrants in the Warrant Register. The Global Warrants shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates shall be deposited on or after the date hereof with the Warrant Agent.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute the one Global Warrants Warrant (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants equal to 2,142,857 in the case of the 2019 Warrants and 2,142,857 in the case of the 2020 Warrants [ ] (such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement and the Plan and deliver such Global Warrants Warrant to the Warrant Agent, for authentication, along with a duly executed Authentication OrdersOrder. The Warrant Agent shall then Transfer such Global Warrants Warrant to the Global Warrant Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. The 2019 Global Warrants and the 2020 Global Warrants Warrant shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be exercisable (upon payment of their respective the Exercise Prices Price and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants Warrant and Authentication OrdersOrder, authenticate such Global Warrants Warrant in accordance with Section 2.02 and register such Global Warrants Warrant in the Warrant Register. The Global Warrants Warrant shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates Certificate shall be deposited on or after the date hereof with the Warrant Agent.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute the one Global Warrants Warrant (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants equal to 2,142,857 in the case of the 2019 Warrants and 2,142,857 in the case of the 2020 Warrants [1,925,500] (such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement and the Plan Exchange Offer and deliver such Global Warrants Warrant to the Warrant Agent, for authentication, along with a duly executed Authentication OrdersOrder. The Warrant Agent shall then Transfer such Global Warrants Warrant to the Global Warrant Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners Tendering Holders pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. The 2019 Global Warrants and the 2020 Global Warrants Warrant shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be exercisable (upon payment of their respective the Exercise Prices Price and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants Warrant and Authentication OrdersOrder, authenticate such Global Warrants Warrant in accordance with Section 2.02 and register such Global Warrants Warrant in the Warrant Register. The Global Warrants Warrant shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates Certificate shall be deposited on or after the date hereof with the Warrant Agent.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute the one Global Warrants Warrant (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants equal to 2,142,857 in the case of the 2019 Warrants and 2,142,857 in the case of the 2020 Warrants [1,050,000] (such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement and the Plan Exchange Offer and deliver such Global Warrants Warrant to the Warrant Agent, for authentication, along with a duly executed Authentication OrdersOrder. The Warrant Agent shall then Transfer such Global Warrants Warrant to the Global Warrant Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners Tendering Holders pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. The 2019 Global Warrants and the 2020 Global Warrants Warrant shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be exercisable (upon payment of their respective the Exercise Prices Price and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants Warrant and Authentication OrdersOrder, authenticate such Global Warrants Warrant in accordance with Section 2.02 and register such Global Warrants Warrant in the Warrant Register. The Global Warrants Warrant shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates Certificate shall be deposited on or after the date hereof with the Warrant Agent.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute the an aggregate of 8,286,061 Warrants and shall issue and execute Global Warrants (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants to be held in global form equal to 2,142,857 in the case of the 2019 Warrants and 2,142,857 in the case of the 2020 8,286,061 Warrants (such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement and the Plan and deliver such Global Warrants to the Warrant Agent, for authentication, along with duly executed Authentication Orders. The Warrant Agent shall then Transfer such the Global Warrants to the Global Warrant Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners Holders pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. The 2019 Global Warrants and the 2020 Global Warrants Warrant shall each evidence one or more Warrants. Each Warrant (including those evidenced thereby by Global Warrants) shall be exercisable (upon payment of their respective the Exercise Prices Price and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrants in the Warrant Register. The Warrants evidenced by the Global Warrants Warrant Certificates shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates shall be deposited on or after the date hereof with the Warrant Agent.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue to the Warrant Agent, on behalf of the Initial Beneficial Owners, the Warrants, in an amount equal to 1,669,730 Series A Warrants and execute the Global 1,252,297 Series B Warrants (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants equal to 2,142,857 in the case of the 2019 Warrants and 2,142,857 in the case of the 2020 Warrants (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement and the Plan and deliver such Global Warrants to the Warrant Agent, for authentication, along with duly executed Authentication OrdersAgreement. The Warrant Agent shall then Transfer allocate the Warrants to, and register the Warrants in the names of, such Initial Beneficial Owners in accordance with the Company’s direct registration system or through the Warrant Agent’s other book-entry procedures pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”). A Global Warrant shall each evidence one or more Warrants. On the Closing Date, the Warrant Agent shall, upon receipt of any such Global Warrants to the and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrant Holder for crediting in the Warrant Register in the name of the Depository, which will then credit interests in such Global Warrants to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. The 2019 Any Global Warrants and to be issued as of the 2020 Global Warrants shall each evidence one or more Warrants. Each Warrant evidenced thereby Closing Date shall be exercisable (deposited on the Closing Date with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share upon payment of their respective the applicable Exercise Prices Price and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrants in the Warrant Register. The Global Warrants shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates shall be deposited on or after the date hereof with the Warrant Agent.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute the Global Warrants (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants equal to 2,142,857 [●] in the case of the 2019 Warrants and 2,142,857 Series A Warrants, [●] in the case of the 2020 Series B Warrants and [●] in the case of the Series C Warrants (in each case, such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement and the Plan and deliver such Global Warrants to the Warrant Agent, for authentication, along with duly executed Authentication Orders. The Warrant Agent shall then Transfer such Global Warrants to the Global Warrant Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. The 2019 Series A Global Warrants, Series B Global Warrants and the 2020 Series C Global Warrants shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be exercisable (upon payment of their respective Exercise Prices and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrants in the Warrant Register. The Global Warrants shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates shall be deposited on or after the date hereof with the Warrant Agent.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute the Global Warrants (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants equal to 2,142,857 3,882,353 in the case of the 2019 Warrants and 2,142,857 Series A Warrants, 2,875,817 in the case of the 2020 Series B Warrants and 3,195,352 in the case of the Series C Warrants (in each case, such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement and the Plan and Plan. On such date, the Company will deliver such Global Warrants to the Warrant AgentAgent evidencing a portion of the Number of Warrants, for authenticationauthentication by the Warrant Agent, along with duly executed Authentication Orders. The Warrant Agent shall then Transfer such Global Warrants to the Global Warrant Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners Holders pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. The 2019 Series A Global Warrants, Series B Global Warrants and the 2020 Series C Global Warrants shall each evidence one or more Warrants. Upon receipt by the Warrant Agent of the Authentication Order pursuant to Section 2.03 hereof, the remainder of the Warrants shall be issued by book-entry registration on the books of the Warrant Agent (“Book-Entry Warrants”) and shall be evidenced by warrant certificates issued by the Warrant Agent to the Registered Holders (as defined below) of Book-Entry Warrants reflecting such book-entry position (the “Warrant Certificates”). Each Warrant evidenced thereby shall be exercisable (upon payment of their respective Exercise Prices and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrants in the Warrant Register. The Global Warrants shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates shall be deposited on or after the date hereof with the Warrant Agent.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute the one Global Warrants Warrant (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants equal to 2,142,857 in the case of the 2019 Warrants and 2,142,857 in the case of the 2020 Warrants 1,917,342 (such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement and the Plan Exchange Offer and deliver such Global Warrants Warrant to the Warrant Agent, for authentication, along with a duly executed Authentication OrdersOrder. The Warrant Agent shall then Transfer such Global Warrants Warrant to the Global Warrant Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners Tendering Holders pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. The 2019 Global Warrants and the 2020 Global Warrants Warrant shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be exercisable (upon payment of their respective the Exercise Prices Price and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants Warrant and Authentication OrdersOrder, authenticate such Global Warrants Warrant in accordance with Section 2.02 and register such Global Warrants Warrant in the Warrant Register. The Global Warrants Warrant shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates Certificate shall be deposited on or after the date hereof with the Warrant Agent.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute the an aggregate of 308,217 Warrants, comprising 154,108 Series A Warrants and 154,108 Series B Warrants, and shall issue and execute Global Warrants (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants to be held in global form equal to 2,142,857 93,054 in the case of the 2019 Series A Warrants and 2,142,857 93,054 in the case of the 2020 Series B Warrants (such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement and the Plan and deliver such Global Warrants to the Warrant Agent, for authentication, along with duly executed Authentication Orders. The Warrant Agent shall then Transfer such the applicable Warrants to Certificated Holders and the Global Warrants to the Global Warrant Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners Holders pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. The 2019 Series A Global Warrants Warrant and the 2020 Series B Global Warrants Warrant shall each evidence one or more Warrants. Each Warrant (including those evidenced thereby by Global Warrants) shall be exercisable (upon payment of their respective Exercise Prices and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrants in the Warrant Register. The Global Warrants shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates shall be deposited on or after the date hereof with the Warrant Agent.