Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrants, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on such Holder’s own behalf and for such Holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s right to exercise or exchange such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 17 contracts
Samples: Warrant Agreement (General Growth Properties, Inc.), Warrant Agreement (Eastman Kodak Co), Warrant Agreement (Pershing Square Capital Management, L.P.)
Right of Action. All rights of action in with respect of to this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder Holders of any other Warrant, may, on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise or exchange such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under Warrant Certificate representing such Warrants and in this Agreement.
Appears in 16 contracts
Samples: Warrant Agreement (KMC Telecom Holdings Inc), Warrant Agreement (Econophone Inc), Warrant Agreement (RSL Communications PLC)
Right of Action. All rights of action in with respect of to this Agreement are vested in the Holders of the Warrants, and any Holder of Warrants, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise or exchange such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under Warrant Certificate representing such Warrants and in this Agreement.
Appears in 10 contracts
Samples: Warrant Agreement (Akorn Inc), Warrant Agreement (Kapoor John N), Warrant Agreement (Akorn Inc)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's rights hereunder, including the right to exercise exercise, exchange or exchange surrender for purchase such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 10 contracts
Samples: Warrant Agreement (Regal Acquisitions Inc/Ny), Warrant Agreement (Spacial Corp), Warrant Agreement (Mayall Partners Inc/Ny)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrants, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on such Holder’s own behalf and for such Holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s right to exercise or exchange such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 6 contracts
Samples: Warrant and Registration Rights Agreement, Warrant and Registration Rights Agreement (Towerstream Corp), Warrant and Registration Rights Agreement (Quiksilver Inc)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other WarrantHolder, may, may on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise or exchange such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 4 contracts
Samples: Warrant Agreement (Wellsford Real Properties Inc), Warrant Agreement (Whwel Real Estate Lp), Warrant Agreement (Wellsford Real Properties Inc)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on in such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise exercise, exchange or exchange tender for purchase such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 3 contracts
Samples: Common Stock Warrant Acquisition Agreement (Lee Thomas H Equity Fund Iii L P), Common Stock Warrant Acquisition Agreement (Donaldson Lufkin & Jenrette Inc /Ny/), Warrant Agreement (Lynx Ventures Lp)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrants, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on such Holder’s own behalf and for such Holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s right to exercise exercise, exchange or exchange transfer such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 3 contracts
Samples: Warrant and Registration Rights Agreement, Warrant and Registration Rights Agreement (ARRIS International PLC), Warrant and Registration Rights Agreement (ARRIS International PLC)
Right of Action. All rights of action in with respect of to ----------- --------------- this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder Holders of any other Warrant, may, on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise or exchange such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under Warrant Certificate representing such Warrants and in this Agreement.
Appears in 3 contracts
Samples: Warrant Agreement (Loudcloud Inc), Warrant Agreement (TVN Entertainment Corp), Warrant Agreement (Scovill Holdings Inc)
Right of Action. All rights of action in respect of this Agreement Warrant are vested in the Holders of the WarrantsHolder hereof, and any Holder of Warrantsthe Holder, without the consent of the Warrant Agent or the Holder of any other WarrantCompany, may, on such Holder’s own behalf and for such Holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s right to exercise or exchange such Holder’s Warrants this Warrant in the manner provided in this Agreement herein or any other obligation of the Company under this AgreementWarrant.
Appears in 3 contracts
Samples: Line of Credit Agreement (Lucy Scientific Discovery, Inc.), Line of Credit Agreement (Lucy Scientific Discovery, Inc.), Subscription Agreement (iPower Inc.)
Right of Action. All rights of action in with respect of to this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise exercise, exchange or exchange tender for purchase such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under Warrant Certificate representing his Warrants and in this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Cd Radio Inc), Warrant Agreement (Cd Radio Inc)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the any Holder of any other Warrant, may, on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's rights hereunder, including the right to exercise exercise, exchange or exchange surrender for purchase such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Uniroyal Technology Corp), Warrant Agreement (Systems Applications International Inc)
Right of Action. All rights of action in respect of this Warrant Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's rights hereunder, including the right to exercise exercise, exchange or exchange surrender for purchase such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Warrant Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Oracle Corp /De/), Warrant Agreement (Oracle Corp /De/)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the WarrantsHolders, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other WarrantHolder, may, may on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise or exchange such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Miravant Medical Technologies), Warrant Agreement (Pharmacia & Upjohn Inc)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the WarrantsHolders, and any Holder of WarrantsHolder, without the consent of the Warrant Agent or the Holder of any other WarrantHolder, may, on such Holder’s own behalf and for such Holder’s own benefit, enforce, enforce and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s right to exercise or exchange such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 1 contract
Right of Action. All rights of action in with respect of to this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on such Holder’s own behalf and for such Holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s right to exercise or exchange such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under Warrant Certificate representing such Warrants and in this Agreement.
Appears in 1 contract
Right of Action. All rights of action in respect of this --------------- Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on in such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise exercise, exchange or exchange tender for purchase such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 1 contract
Samples: Common Stock Warrant Acquisition Agreement (Merrill Lynch Kecalp L P 1997)
Right of Action. All rights of action in respect of this Agreement --------------- are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on in such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise exercise, exchange or exchange tender for purchase such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 1 contract
Right of Action. All rights of action in with respect of to this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder Holders of any other Warrant, may, on in such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise or exchange such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under Warrant Certificate representing his Warrants and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (American Communications Services Inc)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of the Warrants, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on such Holder’s own behalf and for such Holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s right to exercise or exchange such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 1 contract
Samples: Warrant and Preferred Stock Agreement (Cubic Energy Inc)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's rights hereunder, including the right to exercise exercise, exchange or exchange surrender for purchase such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Nbi Inc)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on in such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise or exchange such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Genicom Corp)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on in such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise or exchange such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 1 contract
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on in such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise exercise, exchange or exchange tender for purchase such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this AgreementAgree ment.
Appears in 1 contract
Samples: Warrant Agreement (Palomar Medical Technologies Inc)
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder of any other Warrant, may, on in such Holder’s own behalf and for such Holder’s own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s right to exercise exercise, exchange or exchange tender for purchase such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 1 contract
Right of Action. All rights of action in with respect of to ------------ --------------- this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder Holders of any other Warrant, may, on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise or exchange such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under Warrant Certificate representing such Warrants and in this Agreement.
Appears in 1 contract
Right of Action. All rights of action in respect of this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the any Holder of any other Warrant, may, on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's rights under this Agreement, including the right to exercise exercise, exchange or exchange surrender for purchase such Holder’s 's Warrants in the manner provided in this Agreement or any other obligation of the Company under this Agreement.
Appears in 1 contract
Right of Action. All rights of action in with respect of to --------------- this Agreement are vested in the Holders of the Warrants, and any Holder of Warrantsany Warrant, without the consent of the Warrant Agent or the Holder Holders of any other Warrant, may, on such Holder’s 's own behalf and for such Holder’s 's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, such Holder’s 's right to exercise or exchange such Holder’s Warrants in the manner provided in this Agreement or any other obligation of the Company under Warrant Certificate representing such Warrants and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Exide Corp)