Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding events, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants may also be exchanged or replaced, in whole or in part, as provided in Section 11 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 hereof.
Appears in 5 contracts
Samples: Warrant Agreement (Federal-Mogul Corp), Warrant Agreement (Magellan Health Services Inc), Warrant Agreement (Magellan Health Services Inc)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b), (c) or (f) hereof.
Appears in 4 contracts
Samples: Warrant Agreement (Merrill Corp), Warrant Agreement (Charles River Laboratories Holdings Inc), Warrant Agreement (Osullivan Industries Holdings Inc)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company Holdings for Definitive Warrants if (i) the Company Holdings delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company Holdings within 120 days after the date of such notice from the Depositary or (ii) the Company Holdings in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 3.7 hereof. Every Warrant authenticated and delivered in exchange for, or in lieu of, a Global Warrant or any portion thereof, pursuant to this Section 3.6 or Section 3.7 or 3.10 hereof, shall be authenticated and delivered in the form of, and shall be, a Global Warrant. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; however3.6(a). However, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.6(b) or (c) hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Xm Satellite Radio Holdings Inc), Warrant Agreement (Xm Satellite Radio Inc)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Viskase Companies Inc), Warrant Agreement (Maxcom Telecommunications Inc)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Securities Exchange Act of 1934, as amended, and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part. Every Warrant authenticated and delivered in exchange for, as provided or in lieu of, a Global Warrant or any portion thereof, pursuant to this Section 11 hereof5, shall be authenticated and delivered in the form of, and shall be, a Global Warrant. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.15(a); however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 5(b) or (c) hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Club Regina Resorts Inc), Warrant Agreement (Interamericas Communications Corp)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i), (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Atlantic Paratrans of Arizona, Inc.), Warrant Agreement (Barneys New York Inc)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent written notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant AgentAgent in writing. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 SECTIONS 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; SECTION 3.5(A), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 SECTION 3.5(B) or (C) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Sections 3.6 and 3.7 hereof. Every Warrant countersigned and delivered in exchange for, or in lieu of, a Global Warrant or any portion thereof, pursuant to this Section 11 3.5 or Sections 3.6 or 3.7 hereof, shall be countersigned and delivered in the form of, and shall be, a Global Warrant. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b), (c) or (f) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent written notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or Depositary, (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants which the Company will provide to the Warrant Agent and delivers a written notice to such effect to the Warrant AgentAgent or (iii) an event of default under the Indenture of which an officer of the Warrant Agent has actual notice has occurred and is continuing and the Warrant Registrar has received a request from DTC to issue Definitive Warrants. Upon the occurrence of either of the preceding eventsevents in (i), (ii) or (iii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant AgentAgent in writing. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent written notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants which the Company will provide to the Warrant Agent and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either any of the preceding eventsevents in the foregoing clauses (i) or (ii), Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants may also be exchanged or replaced, Agent in whole or in part, as provided in Section 11 hereofwriting. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1Agreement; provided, however, that beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 5.5(b) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the tile Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding events, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants may also be exchanged or replaced, in whole or in part, as provided in Section 11 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary Depositary; or (ii) in the Company case of a Global Warrant held for an account of Euroclear or Clearstream, Euroclear or Clearstream, as the case may be, (a) is closed for business for a continuous period of 14 days (other than by reason of statutory or other holidays), or (b) announces an intention permanently to cease business or does in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agentfact do so. Upon the occurrence of either any of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) hereof.
Appears in 1 contract
Samples: Warrant Agreement (TMM Holdings)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in partPan) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in partpan, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b), (c) or (f) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will shall be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent written notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant AgentAgent in writing. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants may also be exchanged or replaced, in whole or in part, as provided in Section 11 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 hereof.Warrant
Appears in 1 contract
Transfer and Exchange of Global Warrants. Global Warrants shall (i) be registered in the name of the Depository or its nominee, (ii) be delivered to the Warrant Agent as custodian for the Depository and (iii) bear a legend substantially in the form set forth in Section 5(f) hereof. A Global Warrant may not be transferred except as a whole except by the Depositary Depository to a nominee of the DepositaryDepository, by a nominee of the Depositary Depository to the Depositary Depository or to another nominee of the DepositaryDepository, or by the Depositary Depository or any such nominee to a successor Depositary Depository or a nominee of such successor DepositaryDepository. All Global Warrants will be exchanged by the Company for Definitive Warrants evidenced by electronic entry registration in the Warrant Register if (i) the Depository notifies the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue as Depository for the Global Warrants or if the Depository ceases to act as Depositary or that it is no longer be a “clearing agency agency” registered under the Securities Exchange Act andof 1934, in either caseas amended (the “Exchange Act”), and a successor Depositary Depository for the Global Warrants is not appointed by the Company within 120 days after the date delivery of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to notice. In such effect to case, the Warrant Agent. Upon the occurrence , upon receipt of either written instructions signed by an Appropriate Officer of the preceding eventsCompany and all other necessary information, shall issue Definitive Warrants, in an aggregate number equal to the number of Warrants shall be issued represented by the Global Warrants, in exchange for such Global Warrants, in such names and in such amounts as directed by the Depositary shall instruct the Warrant Agent. Global Warrants may also be exchanged or replacedDepository or, in whole or in partthe absence of instructions from the Depository, as provided in Section 11 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 hereofthe Company.
Appears in 1 contract
Samples: Warrant Agreement (Mallinckrodt PLC)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will shall be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent written notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 90 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant AgentAgent in writing. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 1 contract
Samples: Warrant Agreement (Platinum Pressure Pumping, Inc.)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in clauses (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 1 contract
Samples: Warrant Agreement (Grande Communications Holdings, Inc.)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent written notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (iiDepositary,(ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants which the Company will provide to the Warrant Agent and delivers a written notice to such effect to the Warrant AgentAgent or (iii) an event of default under the Indenture of which an officer of the Warrant Agent has actual notice has occurred and is continuing and the Warrant Registrar has received a request from DTC to issue Definitive Warrants. Upon the occurrence of either of the preceding eventsevents in (i), (ii) or (iii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant AgentAgent in writing. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 1 contract
Samples: Warrant Agreement (Horizon Personal Communications Inc)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary Depositary; (ii) in the case of a Global Warrant held for an account of Euroclear or Clearstream, Euroclear or Clearstream, as the case may be, (a) is closed for business for a continuous period of 14 days (other than by reason of statutory or other holidays), or (iib) announces an intention permanently to cease business or does in fact do so; or (iii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either any of the preceding eventsevents in (i), (ii) or (iii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b), (c) or (f) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 hereof.as
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (iiDepositary,(ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant AgentAgent or (iii) an event of default under the Indenture of which an officer of the Warrant Agent has actual notice has occurred and is continuing and the Warrant Registrar has received a request from DTC to issue Definitive Warrants. Upon the occurrence of either of the preceding eventsevents in (i), (ii) or (iii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent written notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or Depositary, (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants which the Company will provide to the Warrant Agent and delivers a written notice to such effect to the Warrant AgentAgent or (iii) an Event of Default under the Indenture of which an officer of the Warrant Agent has actual notice has occurred and is continuing and the Warrant Registrar has received a request from DTC to issue Definitive Warrants. Upon the occurrence of either any of the preceding eventsevents in clauses (i), (ii) or (iii) above of this Section 3.5(a), Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant AgentAgent in writing. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.13.5(a); provided, however, that beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent written notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or Depositary, (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants which the Company will provide to the Warrant Agent and delivers a written notice to such effect to the Warrant AgentAgent or (iii) an event of default under the Indenture of which an officer of the Warrant Agent has actual notice has occurred and is continuing and the Warrant Registrar has received a request from DTC to issue Definitive Warrants. Upon the occurrence of either any of the preceding eventsevents in (i), (ii) or (iii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant AgentAgent in writing. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred except as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.13.5(a); however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 hereof3.5(b), (c), (d) or (f) hereof upon delivery of written request to the Warrant Agent by or on behalf of the Depositary.
Appears in 1 contract
Samples: Warrant Agreement (Interpool Inc)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 90 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Sections 3.6 and 3.7 hereof. Every Warrant countersigned and delivered in exchange for, or in lieu of, a Global Warrant or any portion thereof, pursuant to this Section 11 3.5 or Sections 3.6 or 3.7 hereof, shall be countersigned and delivered in the form of, and shall be, a Global Warrant. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b), (c) or (f) hereof.
Appears in 1 contract
Samples: Warrant Agreement (Leap Wireless International Inc)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent written notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or Depositary, (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants which the Company will provide to the Warrant Agent and delivers a written notice to such effect to the Warrant AgentAgent or (iii) an Event of Default under the Indenture of which an officer of the Warrant Agent has actual notice has occurred and is continuing and the Warrant Registrar has received a request from DTC to issue Definitive Warrants. Upon the occurrence of either any of the preceding eventsevents in clauses (i), (ii) or (iii) above of this Section 3.5(a), Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant AgentAgent in writing. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.13.5(a); provided, however, that -------- ------- beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a) or pursuant to Section 3.5(c), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 1 contract
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act act, as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants and delivers a written notice to such effect to the Warrant Agent. Upon the occurrence of either of the preceding eventsevents in (i) or (ii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in partPart, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b), (c) or (t) hereof.
Appears in 1 contract
Samples: Warrant Agreement (Merrill Corp)
Transfer and Exchange of Global Warrants. A Global Warrant may not be transferred as a whole except by the Depositary to a nominee of the Depositary, by a nominee of the Depositary to the Depositary or to another nominee of the Depositary, or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. All Global Warrants will be exchanged by the Company for Definitive Warrants if (i) the Company delivers to the Warrant Agent notice from the Depositary that it is unwilling or unable to continue to act as Depositary or that it is no longer a clearing agency registered under the Exchange Act and, in either case, a successor Depositary is not appointed by the Company within 120 days after the date of such notice from the Depositary or (iiDepositary,(ii) the Company in its sole discretion determines that the Global Warrants (in whole but not in part) should be exchanged for Definitive Warrants which the Company will provide to the Warrant Agent and delivers a written notice to such effect to the Warrant AgentAgent or (iii) an event of default under the Indenture of which an officer of the Warrant Agent has actual notice has occurred and is continuing and the Warrant Registrar has received a request from DTC to issue Definitive Warrants. Upon the occurrence of either of the preceding eventsevents in (i), (ii) or (iii) above, Definitive Warrants shall be issued in such names as the Depositary shall instruct the Warrant Agent. Global Warrants also may also be exchanged or replaced, in whole or in part, as provided in Section 11 Sections 3.6 and 3.7 hereof. A Global Warrant may not be exchanged for another Warrant other than as provided in this Section 5.1; 3.5(a), however, beneficial interests in a Global Warrant may be transferred and exchanged as provided in Section 5.2 3.5(b) or (c) hereof.
Appears in 1 contract