Protection of Warrant Agent. The Warrant Agent shall not: (a) at any time be under any duty or responsibility to any registered holder of Warrants to determine whether any facts exist which may require any adjustment contemplated by this Article 2, nor to verify the nature and extent of any such adjustment when made or the method employed in making the same; (b) be accountable with respect to the validity or value or the kind or amount of any Subject Securities which may at any time be issued or delivered upon the exercise of the Warrants; (c) be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver the Subject Securities or certificates evidencing the same upon the surrender of any Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in this Article 2; or (d) incur any liability or responsibility whatsoever or be in any way responsible for the consequence of any breach on the part of the Company of any of the representations, warranties or covenants of the Company or any acts or deeds of the agents or servants of the Company.
Appears in 7 contracts
Samples: Warrant Indenture, Warrant Indenture (New Gold Inc. /FI), Warrant Indenture (New Gold Inc. /FI)
Protection of Warrant Agent. The Warrant Agent shall not:
(a) at any time be under any duty or responsibility to any registered holder of Warrants to determine whether any facts exist which that may require any adjustment contemplated by this Article 2, nor to verify the nature and extent of any such adjustment when made or the method employed in making the same;
(b) be accountable with respect to the validity or value or the kind or amount of any Subject Securities which that may at any time be issued or delivered upon the exercise of the Warrants;
(c) be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver the Subject Securities or certificates evidencing the same upon the surrender of any Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in this Article 2; or
(d) incur any liability or responsibility whatsoever or be in any way responsible for the consequence of any breach on the part of the Company of any of the representations, warranties or covenants of the Company or any acts or deeds of the agents or servants of the Company.
Appears in 5 contracts
Samples: Warrant Indenture (Americas Silver Corp), Warrant Indenture, Common Share Purchase Warrant Indenture (Sandstorm Gold LTD)
Protection of Warrant Agent. The Notwithstanding any other provision herein, the Warrant Agent shall not:
(a) at any time be under any duty or responsibility to any registered holder of Warrants to determine whether any facts exist which may require any adjustment contemplated by this Article 2, nor to verify the nature and extent of any such adjustment when made or the method employed in making the same;
(b) be accountable with respect to the validity or value or the kind or amount of any Subject Securities which may at any time be issued or delivered upon the exercise of the Warrants;
(c) be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver the Subject Securities or certificates evidencing the same upon the surrender of any Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in this Article 2; or
(d) incur any liability or responsibility whatsoever or be in any way responsible for the consequence of any breach on the part of the Company of any of the representations, warranties or covenants of the Company or any acts or deeds of the agents or servants of the Company.
Appears in 3 contracts
Samples: Warrant Indenture (Geovic Mining Corp.), Warrant Indenture (Geovic Mining Corp.), Warrant Indenture (Geovic Mining Corp.)
Protection of Warrant Agent. The Subject to Article 8, the Warrant Agent shall will not:
(a) at any time be under any duty or responsibility to any registered holder of Warrants to determine whether any facts exist which may require any adjustment contemplated by this Article 2, nor to verify the nature and extent of any such adjustment when made or the method employed in making the same;
(b) be accountable with respect to the validity or value or the kind or amount of any Subject Securities which may at any time be issued or delivered upon the exercise of the Warrants;
(c) be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver the Subject Securities or certificates evidencing the same upon the surrender of any the Warrants for the purpose of exercising the exercise of such rights or to comply with any of the provisions or covenants contained in this Article 2; or
(d) incur any liability or responsibility whatsoever or be in any way responsible for the consequence of any breach on the part of the Company of any of the representations, warranties or covenants of the Company or any acts or deeds of the agents or servants of the Company.
Appears in 2 contracts
Samples: Warrant Indenture (MIGENIX Inc.), Warrant Indenture (MIGENIX Inc.)
Protection of Warrant Agent. The Warrant Agent shall not:
(a) at any time be under any duty or responsibility to any registered holder of New Warrants to determine whether any facts exist which may require any adjustment contemplated by this Article 2, nor to verify the nature and extent of any such adjustment when made or the method employed in making the same;
(b) be accountable with respect to the validity or value or the kind or amount of any Subject Securities which may at any time be issued or delivered upon the exercise of the New Warrants;
(c) be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver the Subject Securities or certificates evidencing the same upon the surrender of any New Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in this Article 2; or
(d) incur any liability or responsibility whatsoever or be in any way responsible for the consequence of any breach on the part of the Company of any of the representations, warranties or covenants of the Company or any acts or deeds of the agents or servants of the Company.
Appears in 1 contract
Samples: Common Share Purchase Warrant Indenture (Silver Wheaton Corp.)
Protection of Warrant Agent. The Warrant Agent shall not:
(a) : at any time be under any duty or responsibility to any registered holder of Warrants to determine whether any facts exist which that may require any adjustment contemplated by this Article 2, nor to verify the nature and extent of any such adjustment when made or the method employed in making the same;
(b) ; be accountable with respect to the validity or value or the kind or amount of any Subject Securities which Warrant Shares or of any other securities or property that may at any time be issued or delivered upon the exercise of the Warrants;
(c) ; be responsible for any failure of the Company to make any cash payment or payment, to issue, transfer or deliver the Subject Securities Warrant Shares or certificates evidencing the same upon the surrender of any Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in this Article 2Section 2.13; or
(d) or incur any liability or responsibility whatsoever or be in any way responsible for the consequence of any breach on the part of the Company of any of the representations, warranties or covenants of the Company or any acts or deeds of the agents or servants of the Company.
Appears in 1 contract
Samples: Warrant Indenture