Common use of Merger, Consolidation or Change of Name of Warrant Agent Clause in Contracts

Merger, Consolidation or Change of Name of Warrant Agent. (a) Any Person into which the Warrant Agent may be merged or with which it may be consolidated, or any Person resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any Person succeeding to all or substantially all of the business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such Person would be eligible for appointment as a successor warrant agent under the provisions of Section 9.3. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, and in case at that time any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor to the Warrant Agent; and in all such cases such Warrant Certificates shall have the full force and effect provided in the Warrant Certificates and in this Agreement.

Appears in 4 contracts

Samples: Warrant Agreement (Itc Deltacom Inc), Warrant Agreement (Itc Deltacom Inc), Warrant Agreement (Welsh Carson Anderson Stowe Viii Lp)

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Merger, Consolidation or Change of Name of Warrant Agent. (a) Any Person corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any Person corporation succeeding to all or substantially all of the business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such Person corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 9.313 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, and in case at that time any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor to the Warrant Agent; and in all such cases such Warrant Certificates shall have the full force and effect provided in the Warrant Certificates and in this Agreement.

Appears in 2 contracts

Samples: Warrant Agreement (TMM Holdings), Warrant Agreement (Maxcom Telecommunications Inc)

Merger, Consolidation or Change of Name of Warrant Agent. (a) Any Person corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any Person corporation succeeding to all the corporate trust or substantially all of the shareholder services business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such Person corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 9.317. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Warrant Agreement, and in case at that time any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor to the Warrant Agent; and in all such cases such Warrant Certificates shall have the full force and effect provided in the Warrant Certificates and in this Warrant Agreement.

Appears in 1 contract

Samples: Warrant Agreement (DLB Oil & Gas Inc)

Merger, Consolidation or Change of Name of Warrant Agent. (a) Any Person corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any Person corporation succeeding to all or substantially all of the business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such Person corporation would be eligible for appointment as a successor warrant Successor Warrant agent under the provisions of Section 9.313 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, and in case at that time any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor to the Warrant Agent; and in all such cases such Warrant Certificates shall have the full force and effect provided in the Warrant Certificates and in this Agreement.

Appears in 1 contract

Samples: Warrant Agreement (Decrane Holdings Co)

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Merger, Consolidation or Change of Name of Warrant Agent. (a) Any Person corporation into which the Warrant Agent may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger merger, conversion or consolidation to which the Warrant Agent shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such Person corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 9.318. In case at the time If such successor to the Warrant Agent shall succeed to the agency created by this Agreement, and in case if at that the time of such succession any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent; and in case if at that the time of such succession any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor to the Warrant Agent; and in all such cases such Warrant Certificates shall have the full force and effect effect, as provided in the Warrant Certificates and in this Agreement.

Appears in 1 contract

Samples: Warrant Agreement (Del Webb Corp)

Merger, Consolidation or Change of Name of Warrant Agent. (a) Any Person corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any Person corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any Person corporation succeeding to all or substantially all of the business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such Person corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 9.315 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, and in case at that time any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor to the Warrant Agent; and in all such cases such Warrant Certificates shall have the full force and effect provided in the Warrant Certificates and in this Agreement.

Appears in 1 contract

Samples: Warrant Agreement (7 Days Group Holdings LTD)

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