Common use of No Obligation of the Warrant Agent Clause in Contracts

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 22 contracts

Samples: Warrant Agreement, Warrant Agreement, Warrant Agreement

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No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders Warrantholders and all payments to be made to Holders Warrantholders under the Warrants shall be given or made only to or upon the order of the registered Holders Warrantholders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may conclusively rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 12 contracts

Samples: Warrant Agreement, Warrant Agreement (Tidewater Inc), Warrant Agreement (Tidewater Inc)

No Obligation of the Warrant Agent. (i1) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the DepositaryDepository) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners. (ii2) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 6 contracts

Samples: Warrant Agreement, Warrant Agreement, Warrant Agreement

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer transfers between or among the Agent Members Depository participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 5 contracts

Samples: Warrant Agreement (Alion Science & Technology Corp), Warrant Agreement (Lucent Technologies Inc), Warrant Agreement (Raytheon Co/)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The Unless otherwise specified, the rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer transfers between or among the Agent Members Depository participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 4 contracts

Samples: Warrant Agreement (Alion Science & Technology Corp), Warrant Agreement (Alion - BMH CORP), Warrant Agreement (Washington Consulting, Inc.)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 4 contracts

Samples: Warrant Agreement, Warrant Agreement (Wells Fargo & Co/Mn), Warrant Agreement (Washington Federal Inc)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The Except as set forth in the Warrant Certificate, the rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this AgreementAgreement and the Warrant Certificate, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 2 contracts

Samples: Warrant Agreement (Contura Energy, Inc.), Warrant Agreement (Contura Energy, Inc.)

No Obligation of the Warrant Agent. (iA) The Warrant Agent shall have no responsibility or obligation to any beneficial owner Beneficial Owner of a Global Warrant, any Agent Member a member of, or a participant in, the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, beneficial owner member, Beneficial Owner, or other Person (other than the DepositaryDepository) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The Unless otherwise specified, the rights of beneficial owners Beneficial Owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants participants, and any beneficial ownersBeneficial Owner. (iiB) The Warrant Agent shall have no obligation or duty to monitor, determine determine, or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law Applicable Law with respect to any transfer of any interest in any Warrant (including any transfer transfers between or among the Agent Members Depository participants, members, or beneficial owners Beneficial Owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 2 contracts

Samples: Warrant Agreement (Nuverra Environmental Solutions, Inc.), Warrant Agreement (Nuverra Environmental Solutions, Inc.)

No Obligation of the Warrant Agent. (i) The Other than with respect to its own gross negligence, bad faith or willful misconduct (each as determined by a final judgment of a court of competent jurisdiction), the Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 2 contracts

Samples: Warrant Agreement (Sears Holdings Corp), Warrant Agreement (Sears Holdings Corp)

No Obligation of the Warrant Agent. (i) The Other than with respect to its own fraud, gross negligence, bad faith or willful misconduct, the Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Unit Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Unit Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Unit Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Unit Warrant (including any transfer between or among the Agent Members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 2 contracts

Samples: Warrant Agreement (Central European Media Enterprises LTD), Warrant Agreement (Central European Media Enterprises N.V.)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, a member of or a participant in the Depositary or any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Warrant Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer transfers between or among the Agent Members Depositary participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Warrant Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 2 contracts

Samples: Warrant Agreement (Quality Distribution Inc), Warrant Agreement (Quality Distribution Inc)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depositary or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer transfers between or among the Agent Members Depositary participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 2 contracts

Samples: Warrant Agreement (Intersil Corp), Warrant Agreement (Mediq Inc)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDepository or its nominee) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer transfers between or among the Agent Members Depository participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant Agreement (MRV Communications Inc)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the 5 payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant Agreement (Mercantile Bancorp, Inc.)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, a member of, or a participant in the Depositary or any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Warrant Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer transfers between or among the Agent Members Depositary participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.other

Appears in 1 contract

Samples: Warrant Agreement (Splitrock Services Inc)

No Obligation of the Warrant Agent. (i) The Other than with respect to its own gross negligence, bad faith or willful misconduct, the Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members Depository participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant Agreement (Hutchinson Technology Inc)

No Obligation of the Warrant Agent. (i1) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii2) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant Agreement (Hartford Financial Services Group Inc/De)

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No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members Depository participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant Agreement (Wci Communities Inc)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The Except as set forth in the Warrant Certificate, the rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this AgreementAgreement and the Warrant Certificate, and to examine the same to determine substantial compliance as to form with the express requirements hereofhereof and thereof.

Appears in 1 contract

Samples: Warrant Agreement (Arch Coal Inc)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in DTC or other Person with respect to any ownership interest in the Warrants, with respect to the accuracy of the records of the Depositary DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants thereof or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDTC) of any notice (including any notice of redemption) or the payment of any amount, under or with respect to such Warrants. All notices and communications with respect to the Warrants shall be given to the Holders and all payments to in respect of the Warrants represented by the Global Warrant shall be made by wire transfer of immediately available funds to Holders under the Warrants shall be given or made only to or upon accounts specified by the order Holder of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). With respect to Definitive Warrants, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each such Holder's registered address. The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary DTC subject to the applicable rules and procedures of the DepositaryDTC. The Warrant Agent may rely and shall be fully protected and indemnified pursuant to Section 6.5 in relying upon information furnished by the Depositary DTC with respect to its members, participants and any beneficial owners, its members and participants. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law law, with respect to any transfer of any interest in any Warrant (including without limitation any transfer transfers between or among the Agent Members DTC participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or of evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant Agreement (Pathmark Stores Inc)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Note Warrant, a member of, or a participant in the Depositary or any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Note Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Note Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Note Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Note Warrant). The rights of beneficial owners in any Global Note Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Note Warrant Agreement or under applicable law with respect to any transfer of any interest in any Note Warrant (including any transfer transfers between or among the Agent Members Depositary participants, members or beneficial owners in any Global Note Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Note Warrant Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Note Warrant Agreement (Huntsman Packaging of Canada LLC)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The Unless otherwise specified, the rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.upon (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law Applicable Law with respect to any transfer of any interest in any Warrant (including any transfer transfers between or among the Agent Members Depository participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant Agreement (Alion Science & Technology Corp)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no duty, responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in DTC or other Person with respect to any ownership interest in the Warrants, with respect to the accuracy of the records of the Depositary DTC or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants thereof or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDTC) of any notice (including any notice of redemption) or the payment of any amount, under or with respect to such Warrants. All notices and communications with respect to the Warrants shall be given to the Holders and all payments to in respect of the Warrants represented by the Global Warrant shall be made by wire transfer of immediately available funds to Holders under the Warrants shall be given or made only to or upon accounts specified by the order Holder of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). With respect to Definitive Warrants, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each such Holder's registered address. The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary DTC subject to the applicable rules and procedures of the DepositaryDTC. The Warrant Agent may rely and shall be fully protected and indemnified pursuant to Section 5.5 in relying upon information furnished by the Depositary DTC with respect to its members, participants and any beneficial owners, its members and participants. (ii) The Warrant Agent shall have no responsibility, obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law law, with respect to any transfer of any interest in any Warrant (including without limitation any transfer transfers between or among the Agent Members DTC participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or of evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant Agreement (Pathmark Stores Inc)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Warrant Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer between or among the Agent Members Depository participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Warrant Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant Agreement (Mercer International Inc.)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the written order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer transfers between or among the Agent Members Depository participants, members or beneficial owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant Agreement (Millenium Seacarriers Inc)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption) or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant Warrants shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine or inquire as to compliance with any restrictions on transfer imposed under this Agreement or under applicable law with respect to any transfer of any interest in any Warrant (including any transfer transfers between or among the Agent Members or beneficial owners of interest in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant and Unit Agreement (Commercial Vehicle Group, Inc.)

No Obligation of the Warrant Agent. (i) The Warrant Agent shall have no responsibility or obligation to any beneficial owner Beneficial Owner of a Global Warrant, any Agent Member a member of, or a participant in, the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Warrants or with respect to the delivery to any Agent Memberparticipant, beneficial owner member, Beneficial Owner, or other Person (other than the DepositaryDepository) of any notice or the payment of any amount, under or with respect to such Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The Unless otherwise specified, the rights of beneficial owners Beneficial Owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants participants, and any beneficial ownersBeneficial Owner. (ii) The Warrant Agent shall have no obligation or duty to monitor, determine determine, or inquire as to compliance with any restrictions on transfer imposed Transfer under this Agreement or under applicable law Applicable Law with respect to any transfer Transfer of any interest in any Warrant (including any transfer transfers between or among the Agent Members Depository participants, members, or beneficial owners Beneficial Owners in any Global Warrant) other than to require delivery of such certificates and other documentation or evidence as are expressly required by, and to do so if and when expressly required by, the terms of this Agreement, and to examine the same to determine substantial compliance as to form with the express requirements hereof.

Appears in 1 contract

Samples: Warrant Agreement (Nuverra Environmental Solutions, Inc.)

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