Common use of Original Issuance of Warrants Clause in Contracts

Original Issuance of Warrants. (a) On the Closing Date, one or more Global Warrant Certificates evidencing the Warrants equal to 11,111,111 Class A Warrants (the “Class A Warrants”), (each such Warrant to be subject to adjustment from time to time as described herein), in accordance with the terms of this Warrant Agreement and the Plan, shall be executed by the Company and delivered to the Warrant Agent for countersignature, along with an Authentication Order, and the Warrant Agent shall countersign and deliver such Global Warrant Certificates for issuance to the Depositary, or its custodian, for crediting to the accounts of its participants for the benefit of the Warrantholders, as the Beneficial Owners of the Warrants, pursuant to the Applicable Procedures of the Depositary on the Closing Date. Each Warrant Certificate shall evidence the number of Warrants specified therein, and each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase one Common Share, subject to adjustment as provided in Article 4.

Appears in 1 contract

Samples: Warrant Agreement (Chesapeake Energy Corp)

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Original Issuance of Warrants. (a) On the Closing Date, one or more Global Warrant Certificates evidencing the Warrants equal to 11,111,111 12,345,679 Class A B Warrants (the “Class A B Warrants”), (each such Warrant to be subject to adjustment from time to time as described herein), in accordance with the terms of this Warrant Agreement and the Plan, shall be executed by the Company and delivered to the Warrant Agent for countersignature, along with an Authentication Order, and the Warrant Agent shall countersign and deliver such Global Warrant Certificates for issuance to the Depositary, or its custodian, for crediting to the accounts of its participants for the benefit of the Warrantholders, as the Beneficial Owners of the Warrants, pursuant to the Applicable Procedures of the Depositary on the Closing Date. Each Warrant Certificate shall evidence the number of Warrants specified therein, and each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase one Common Share, subject to adjustment as provided in Article 4.

Appears in 1 contract

Samples: Warrant Agreement (Chesapeake Energy Corp)

Original Issuance of Warrants. (a) On the Closing Date, one or more Global Warrant Certificates evidencing the Warrants equal to 11,111,111 13,717,420 Class A C Warrants (the “Class A C Warrants”), (each such Warrant to be subject to adjustment from time to time as described herein), in accordance with the terms of this Warrant Agreement and the Plan, shall be executed by the Company and delivered to the Warrant Agent for countersignature, along with an Authentication Order, and the Warrant Agent shall countersign and deliver such Global Warrant Certificates for issuance to the Depositary, or its custodian, for crediting to the accounts of its participants for the benefit of the Warrantholders, as the Beneficial Owners of the Warrants, pursuant to the Applicable Procedures of the Depositary on the Closing Date. Each Warrant Certificate shall evidence the number of Warrants specified therein, and each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase one Common Share, subject to adjustment as provided in Article 4.

Appears in 1 contract

Samples: Warrant Agreement (Chesapeake Energy Corp)

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Original Issuance of Warrants. (a) On the Closing Date, (a) one or more Global Warrant Certificates evidencing the Warrants equal to 11,111,111 Class A Warrants (the “Class A Warrants”), (each such Warrant to be subject to adjustment from time to time as described herein), in accordance with the terms of this Warrant Agreement and the Plan, shall be executed by the Company and delivered to the Warrant Agent for countersignature, along with an Authentication Order, and the Warrant Agent shall shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Global Warrant Certificates for original issuance to the DepositaryDepository, or its custodian, for crediting to the accounts of its participants for the benefit Lenders (or, subject to applicable securities laws, an Affiliate or Approved Fund of the Warrantholders, as the Beneficial Owners of the Warrants, such Lender) pursuant to the Applicable Procedures of the Depositary Depository in effect on the Closing DateDate and (b) each Lender (or such Affiliate or Approved Fund of such Lender) shall (as a condition of receipt of the applicable Warrants) execute and deliver to the Company an Initial Holder Representation Letter. Except as otherwise set forth in this Agreement, the Global Warrant Certificates delivered to the Depository (or a nominee thereof) on the Closing Date shall be the only Warrant Certificates issued or outstanding under this Agreement. Each Warrant Certificate shall evidence the number of Warrants specified therein, and each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase one share of Common ShareStock, subject to adjustment as provided in Article 4this Agreement.

Appears in 1 contract

Samples: Warrant Agreement (Genasys Inc.)

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