Common use of Issuance of Warrants; Book Entry Procedures Clause in Contracts

Issuance of Warrants; Book Entry Procedures. Successor ------------------------------------------------------ Depository. (a) The Warrants shall initially be represented by a single ---------- certificate (the "Global Warrant Certificate"). Each Warrant shall represent the right, subject to the provisions contained herein and in the Global Warrant Certificate, to receive the Cash Settlement Value, if any, (as defined in paragraph (e) of Section 2.02) of such Warrant. In no event shall Holders (as defined in Section 4.02) be entitled to receive any interest on any Cash Settlement Value (unless the Company shall default in the payment of such Cash Settlement Value). Beneficial owners of interests in the Global Warrant Certificate shall not be entitled to receive definitive Warrants evidencing the Warrants; provided, however, that if (i) the Depository (as defined in Section 1.01(b)) is at any time unwilling or unable to continue as Depository for the Warrants and a successor Depository is not appointed by the Company within 90 days, or (ii) the Company shall be adjudged bankrupt or insolvent or make an assignment for the benefit of its creditors or institute proceedings to be adjudicated bankrupt or shall consent to the filing of a bankruptcy proceeding against it, or shall file a petition or answer or consent seeking reorganization under applicable law, or shall consent to the filing of any such petition, or shall consent to the appointment of a receiver or custodian of all or any substantial part of its property, or shall admit in writing its inability to pay or meet its debts as they mature, or if a receiver or custodian of it or all or any substantial part of its property shall be appointed, or if any public officer shall have taken charge or control of the Company or of its property or affairs, for the purpose of rehabilitation, conservation or liquidation, the Company will issue Warrants in definitive form in exchange for the Global Warrant Certificate. In addition, the Company may at any time determine not to have the Warrants represented by a Global Warrant Certificate and, in such event, will issue Warrants in definitive form in exchange for the Global Warrant Certificate. In any such instance, and in accordance with the provisions of this Agreement, each beneficial owner of an interest in the Global Warrant Certificate will be entitled to have a number of Warrants equivalent to such owner's beneficial interest in the Global Warrant Certificate registered in its name and will be entitled to physical delivery of such Warrants in definitive form by the Depository Participant (as defined in Section 1.01(c)) through which such owner's beneficial interest is reflected. The provisions of Section 1.05 shall apply only if, and when, Warrants in definitive form ("Warrant Certificates") are issued hereunder. Unless the context shall otherwise require, all references in this Agreement to the Global Warrant Certificate shall include the Warrant Certificates in the event that Warrant Certificates are issued. (b) The Global Warrant Certificate shall be deposited with the Depository or its agent (the term "Depository", as used herein, initially refers to The Depository Trust Company and includes any successor depository selected by the Company as provided in Section 1.01(d)) for credit to the accounts of the Depository Participants as shown on the records of the Depository from time to time. (c) The Global Warrant Certificate will initially be registered in the name of a nominee of the Depository selected by the Company for the Warrants. The Warrant holdings of Depository Participants will be recorded on the books of the Depository. The holdings of customers of Depository Participants will be reflected on the books and records of such Depository Participants and will not be known to the Warrant Agent, the Company or to the Depository. "Depository Participants" include securities brokers and dealers, banks and trust companies, clearing organizations and certain other organizations which are participants in the Depository's system. The Global Warrant Certificate will be held by the Depository or its agent.

Issuance of Warrants; Book Entry Procedures. Successor ------------------------------------------------------ Depository.Depositary. -------------------- (a) The Warrants shall initially be represented by a single ---------- certificate (the "Global Warrant Certificate"). Each Warrant shall represent the right, subject to the provisions contained herein and in the Global Warrant Certificate, to receive the Cash Settlement ValueAmount, if any, (as defined in paragraph (ed) of Section 2.02) of such Warrant. In no event shall Holders (as defined in Section 4.02) be entitled to receive any interest on any Cash Settlement Value Amount (unless the Company shall default in the payment of such Cash Settlement ValueAmount). Beneficial owners of interests in the Global Warrant Certificate shall not be entitled to receive definitive Warrants evidencing the Warrants; provided, however, that if (i) the Depository Depositary (as defined in Section 1.01(b)) is at any time unwilling or unable to continue as Depository Depositary for the Warrants and a successor Depository Depositary is not appointed by the Company within 90 60 days, (ii) The Company executes and delivers to the Warrant Agent a company order to the effect that the global warrants shall be exchangeable, or (iiiii) the Company shall be adjudged bankrupt or insolvent or make an assignment for the benefit of its creditors or institute proceedings to be adjudicated bankrupt or shall consent to the filing of a bankruptcy proceeding against it, or shall file a petition or answer or consent seeking reorganization under applicable law, or shall consent to the filing of any such petition, or shall consent to the appointment of a receiver or custodian of all or any substantial part of its property, or shall admit in writing its inability to pay or meet its debts as they mature, or if a receiver or custodian of it or all or any substantial part of its property shall be appointed, or if any public officer shall have taken charge or control of the Company or of its property or affairs, for the purpose of rehabilitation, conservation or liquidation, the Company will issue Warrants in definitive form in exchange for the Global Warrant Certificate. In addition, the Company may at any time determine not to have the Warrants represented by a Global Warrant Certificate and, in such event, will issue Warrants in definitive form in exchange for the Global Warrant Certificate. In any such instance, and in accordance with the provisions of this Agreement, each beneficial owner of an interest in the Global Warrant Certificate will be entitled to have a number of Warrants equivalent to such owner's beneficial interest in the Global Warrant Certificate registered in its name and will be entitled to physical delivery of such Warrants in definitive form by the Depository Depositary Participant (as defined in Section 1.01(c)) through which such owner's beneficial interest is reflected. The provisions of Section 1.05 shall apply only if, and when, Warrants in definitive form ("Warrant Certificates") are issued hereunder. Unless the context shall otherwise require, all references in this Agreement to the Global Warrant Certificate shall include the Warrant Certificates in the event that Warrant Certificates are issued. (b) The Global Warrant Certificate shall be deposited with the Depository Depositary or its agent (the term "DepositoryDepositary", as used herein, initially refers to The Depository Trust Company and includes any successor depository depositary selected by the Company as provided in Section 1.01(d)) for credit to the accounts of the Depository Depositary Participants as shown on the records of the Depository Depositary from time to time. (c) The Global Warrant Certificate will initially be registered in the name of a nominee of the Depository Depositary selected by the Company for the Warrants. The Warrant holdings of Depository Depositary Participants will be recorded on the books of the DepositoryDepositary. The holdings of customers of Depository Depositary Participants will be reflected on the books and records of such Depository Depositary Participants and will not be known to the Warrant Agent, the Company or to the DepositoryDepositary. "Depository Depositary Participants" include securities brokers and dealers, banks and trust companies, clearing organizations and certain other organizations which are participants in the DepositoryDepositary's system. The Global Warrant Certificate will be held by the Depository Depositary or its agent.

Issuance of Warrants; Book Entry Procedures. Successor ------------------------------------------------------ DepositoryDepositary. (a) The Warrants shall initially be represented by a single ---------- certificate (the "Global Warrant Certificate"). Each Warrant shall represent the right, subject to the provisions contained herein and in the Global Warrant Certificate, to receive the Cash Settlement ValueAmount, if any, (as defined in paragraph (ed) of Section 2.02) of such Warrant. In no event shall Holders (as defined in Section 4.02) be entitled to receive any interest on any Cash Settlement Value Amount (unless the Company shall default in the payment of such Cash Settlement ValueAmount). Beneficial owners of interests in the Global Warrant Certificate shall not be entitled to receive definitive Warrants evidencing the Warrants; provided, however, that if (i) the Depository Depositary (as defined in Section 1.01(b1.01(a)) is at any time unwilling or unable to continue as Depository Depositary for the Warrants and a successor Depository Depositary is not appointed by the Company within 90 days, or (ii) the Company shall be adjudged bankrupt or insolvent or make an assignment for the benefit of its creditors or institute proceedings to be adjudicated bankrupt or shall consent to the filing of a bankruptcy proceeding against it, or shall file a petition or answer or consent seeking reorganization under applicable law, or shall consent to the filing of any such petition, or shall consent to the appointment of a receiver or custodian of all or any substantial part of its property, or shall admit in writing its inability to pay or meet its debts as they mature, or if a receiver or custodian of it or all or any substantial part of its property shall be appointed, or if any public officer shall have taken charge or control of the Company or of its property or affairs, for the purpose of rehabilitation, conservation or liquidation, the Company will issue Warrants in definitive form in exchange for the Global Warrant Certificate. In addition, the Company may at any time determine not to have the Warrants represented by a Global Warrant Certificate and, in such event, will issue Warrants in definitive form in exchange for the Global Warrant Certificate. In any such instance, and in accordance with the provisions of this Agreement, each beneficial owner of an interest in the Global Warrant Certificate will be entitled to have a number of Warrants equivalent to such owner's beneficial interest in the Global Warrant Certificate registered in its name and will be entitled to physical delivery of such Warrants in definitive form by the Depository Depositary Participant (as defined in Section 1.01(c)1.01(b) through which such owner's beneficial interest is reflected. The provisions of Section 1.05 shall apply only if, and when, Warrants in definitive form ("Warrant Certificates") are issued hereunder. Unless the context shall otherwise require, all references in this Agreement to the Global Warrant Certificate shall include the Warrant Certificates in the event that Warrant Certificates are issued. (b) The Global Warrant Certificate shall be deposited with the Depository Depositary or its agent (the term "DepositoryDepositary", as used herein, initially refers to The Depository Trust Company and includes any successor depository depositary selected by the Company as provided in Section 1.01(d1.01(c)) for credit to the accounts of the Depository Depositary Participants as shown on the records of the Depository Depositary from time to time. (c) The Global Warrant Certificate will initially be registered in the name of a nominee of the Depository Depositary selected by the Company for the Warrants. The Warrant holdings of Depository Depositary Participants will be recorded on the books of the DepositoryDepositary. The holdings of customers of Depository Depositary Participants will be reflected on the books and records of such Depository Depositary Participants and will not be known to the Warrant Agent, the Company or to the DepositoryDepositary. "Depository Depositary Participants" include securities brokers and dealers, banks and trust companies, clearing organizations and certain other organizations which are participants in the DepositoryDepositary's system. The Global Warrant Certificate will be held by the Depository Depositary or its agent.

Issuance of Warrants; Book Entry Procedures. Successor ------------------------------------------------------ DepositoryDepositary. (a) The Warrants shall initially be represented by a single ---------- certificate (the "Global Warrant Certificate"). Each Warrant shall represent the right, subject to the provisions contained herein and in the Global Warrant Certificate, to receive the Cash Settlement ValueAmount, if any, (as defined in paragraph (e) of Section 2.02) of such Warrant. In no event shall Holders (as defined in Section 4.02) be entitled to receive any interest on any Cash Settlement Value Amount (unless the Company shall default in the payment of such Cash Settlement ValueAmount). Beneficial owners of interests in the Global Warrant Certificate shall not be entitled to receive definitive Warrants evidencing the Warrants; provided, however, that if (i) the Depository Depositary (as defined in Section - 1.01(b)) is at any time unwilling or unable to continue as Depository Depositary for the Warrants and a successor Depository Depositary is not appointed by the Company within 90 days, or (ii) the Company shall be adjudged bankrupt or insolvent or make an assignment for the benefit of its creditors or institute proceedings to be adjudicated bankrupt or shall consent to the filing of a bankruptcy proceeding against it, or shall file a petition or answer or consent seeking reorganization under applicable law, or shall consent to the filing of any such petition, or shall consent to the appointment of a receiver or custodian of all or any substantial part of its property, or shall admit in writing its inability to pay or meet its debts as they mature, or if a receiver or custodian of it or all or any substantial part of its property shall be appointed, or if any public officer shall have taken charge or control of the Company or of its property or affairs, for the purpose of rehabilitation, conservation or liquidation, the Company will issue Warrants in definitive form in exchange for the Global Warrant Certificate. In addition, the Company may at any time determine not to have the Warrants represented by a Global Warrant Certificate and, in such event, will issue Warrants in definitive form in exchange for the Global Warrant Certificate. In any such instance, and in accordance with the provisions of this Agreement, each beneficial owner of an interest in the Global Warrant Certificate will be entitled to have a number of Warrants equivalent to such owner's beneficial interest in the Global Warrant Certificate registered in its name and will be entitled to physical delivery of such Warrants in definitive form by the Depository Depositary Participant (as defined in Section 1.01(c)) through which such owner's beneficial interest is reflected. The provisions of Section 1.05 shall apply only if, and when, Warrants in definitive form ("Warrant Certificates") are issued hereunder. Unless the context shall otherwise require, all references in this Agreement to the Global Warrant Certificate shall include the Warrant Certificates in the event that Warrant Certificates are issued. (b) The Global Warrant Certificate shall be deposited with the Depository Depositary or its agent (the term "DepositoryDepositary", as used herein, initially refers to The Depository Trust Company and includes any successor depository depositary selected by the Company as provided in Section 1.01(d)) for credit to the accounts of the Depository Depositary Participants as shown on the records of the Depository Depositary from time to time. (c) The Global Warrant Certificate will initially be registered in the name of a nominee of the Depository Depositary selected by the Company for the Warrants. The Warrant holdings of Depository Depositary Participants will be recorded on the books of the DepositoryDepositary. The holdings of customers of Depository Depositary Participants will be reflected on the books and records of such Depository Depositary Participants and will not be known to the Warrant Agent, the Company or to the DepositoryDepositary. "Depository Depositary Participants" include securities brokers and dealers, banks and trust companies, clearing organizations and certain other organizations which are participants in the DepositoryDepositary's system. The Global Warrant Certificate will be held by the Depository Depositary or its agent.

Issuance of Warrants; Book Entry Procedures. Successor ------------------------------------------------------ DepositoryDepositary. (a) The Warrants shall initially be represented by a single ---------- certificate (the "Global Warrant Certificate"). Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and in the Global Warrant Certificatetherein, to receive the Cash Settlement Value, if any, (as defined in paragraph (e) purchase __ shares of Section 2.02) of such Warrant. In no event shall Holders (as defined in Section 4.02) be entitled to receive any interest on any Cash Settlement Value (unless the Company shall default in the payment of such Cash Settlement Value)Warrant Securities. Beneficial owners of interests in the Global Warrant Certificate shall not be entitled to receive definitive Warrants evidencing the Warrants; provided, however, that if (i) the Depository Depositary (as defined in Section 1.01(b)below) is at any time unwilling or unable to continue as Depository Depositary for the Warrants and a successor Depository Depositary is not appointed by the Company within 90 days, or (ii) the Company shall be adjudged bankrupt or insolvent or make an assignment for the benefit of its creditors or institute proceedings to be adjudicated bankrupt or shall consent to the filing of a bankruptcy proceeding against it, or shall file a petition or answer or consent seeking reorganization under applicable law, or shall consent to the filing of any such petition, or shall consent to the appointment of a receiver or custodian of all or any substantial part of its property, or shall admit in writing its inability to pay or meet its debts as they mature, or if a receiver or custodian of it or all or any substantial part of its property shall be appointed, or if any public officer shall have taken charge or control of the Company or of its property or affairs, for the purpose of rehabilitation, conservation or liquidation, the Company will issue Warrants in definitive form in exchange for the Global Warrant Certificate. In addition, the Company may at any time determine not to have the Warrants represented by a Global Warrant Certificate and, in such event, will issue Warrants in definitive form in exchange for the Global Warrant Certificate. In any such either instance, and in accordance with the provisions of this Agreement, each beneficial owner of an interest in the Global Warrant Certificate will be entitled to have a number of Warrants equivalent to such owner's beneficial interest in the Global Warrant Certificate registered in its name and will be entitled to physical delivery of such Warrants in definitive form by the Depository Depositary Participant (as defined in Section 1.01(c)herein) through which such owner's beneficial interest is reflected. The provisions of Section 1.05 shall apply only if, and when, Warrants in definitive form ("Warrant Certificates") are issued hereunder. Unless the context shall otherwise require, all references in this Agreement to the Global Warrant Certificate shall include the Warrant Certificates in the event that Warrant Certificates are issued. (b) . The Global Warrant Certificate shall be deposited with the Depository Depositary or its agent (the term "DepositoryDepositary", as used herein, initially refers to The Depository Depositary Trust Company and includes any successor depository selected by the Company as provided in Section 1.01(d1.01(c)) for credit to the accounts of the Depository Depositary Participants as shown on the records of the Depository Depositary from time to time. (cb) The Global Warrant Certificate will initially be registered in the name of a nominee of the Depository Depositary selected by the Company for the Warrants. The Warrant holdings of Depository Depositary Participants will be recorded on the books of the DepositoryDepositary. The holdings of customers of Depository Depositary Participants will be reflected on the books and records of such Depository Depositary Participants and will not be known to the Warrant Agent, the Company or to the DepositoryDepositary. "Depository Depositary Participants" include securities brokers and dealers, banks and trust companies, clearing organizations and certain other organizations which are participants in the DepositoryDepositary's system. The Global Warrant Certificate will be held by the Depository Depositary or its agent. In this Agreement, "Holder" or "Warrantholder" means the person in whose name a Warrant Certificate (including a Global Warrant Certificate) is registered on the register maintained for such purpose by the Warrant Agent. The Depositary or its nominee will be the sole Holder of a Global Warrant Certificate.