Merger, Consolidation or Name Change of Warrant Agent. (i) 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 shall be the successor Warrant Agent under this Agreement, without any further act or deed, if such person would be eligible for appointment as a successor Warrant Agent under the provisions of Section 8.1(a). If any of the Warrant Certificates have been countersigned but not delivered at the time such successor to the Warrant Agent succeeds under this Agreement, any such successor to the Warrant Agent may adopt the countersignature of any previous Warrant Agent; and if 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 Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 10 contracts
Samples: Warrant Agreement (Peabody Energy Corp), Warrant Agreement (Chaparral Energy, Inc.), Warrant Agreement (Energy XXI Gulf Coast, Inc.)
Merger, Consolidation or Name Change of Warrant Agent. (i) Any Person corporation into which the Warrant Agent may be merged or with which it may be converted, consolidated or any Person corporation resulting from any merger merger, conversion or consolidation to which the Warrant Agent shall be a party shall be the successor Warrant Agent under this Agreement, without any further act or deed, if such person would be eligible for appointment as a successor Warrant Agent under the provisions of Section 8.1(a8.2(a). If any of the Warrant Certificates have been countersigned but not delivered at the time such successor to the Warrant Agent succeeds under this Agreement, any such successor to the Warrant Agent may adopt the countersignature of any previous the original Warrant Agent; and if 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 Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 6 contracts
Samples: Kingsway Financial Services (Kingsway Financial Services Inc), Kingsway Financial Services (Kingsway Financial Services Inc), Common Stock Series B Warrant Agreement (Kingsway Financial Services Inc)
Merger, Consolidation or Name Change of Warrant Agent. (i) Any Person into which the Warrant Agent may be merged or with which it may be converted, consolidated or any Person resulting from any merger merger, conversion or consolidation to which the Warrant Agent shall be a party shall be the successor Warrant Agent under this Agreement, without any further act or deed, if such person Person would be eligible for appointment as a successor Warrant Agent under the provisions of Section 8.1(a8.2(a). If any of the Warrant Certificates have been countersigned but not delivered at the time such successor to the Warrant Agent succeeds under this Agreement, any such successor to the Warrant Agent may adopt the countersignature of any previous the original Warrant Agent; and if 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 Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Kingsway Financial Services Inc)