Transfer and Exchange of Global Warrants. (i) The transfer and exchange of Global Warrants or beneficial interests therein shall be effected through the book-entry system maintained by the Depositary, in accordance with this Agreement and the Warrant Certificates and the procedures of the Depositary therefor. (ii) Notwithstanding any other provisions of this Agreement (other than the provisions set forth in Section 2.05), a Global Warrant may only be transferred as a whole, and not in part, and only by (A) the Depositary, to a nominee of the Depositary, (B) a nominee of the Depositary, to the Depositary or another nominee of the Depositary, or (C) the Depositary or any such nominee to a successor Depositary or its nominee. (iii) In the event that a Global Warrant is exchanged and transferred for Definitive Warrants pursuant to Section 2.05, such Warrants may be exchanged only in accordance with Section 9 of the Warrant Certificate and such procedures as are substantially consistent with the provisions of this Section 2.04 and the requirements of any Warrant Certificate and such other procedures as may from time to time be adopted by the Company that are not inconsistent with the terms of this Agreement or of any Warrant Certificate.
Appears in 3 contracts
Samples: Warrant Agreement (Contura Energy, Inc.), Warrant Agreement (Contura Energy, Inc.), Warrant Agreement (Arch Coal Inc)
Transfer and Exchange of Global Warrants. (iA) The transfer and exchange of the beneficial interests in Global Warrants or beneficial interests therein shall be effected through the book-entry system maintained by the DepositaryDepository, in accordance with this Agreement and the Warrant Certificates and (including applicable restrictions on transfer set forth in this Agreement), the procedures of the Depositary thereforDepository therefor and Applicable Law. A transferor of a beneficial interest in a Global Warrant shall deliver to the Warrant Agent a written order given in accordance with the Depository’s procedures containing information regarding the participant account of the Depository to be credited with a beneficial interest in the Global Warrants.
(iiB) Notwithstanding any other provisions of this Agreement (other than the provisions set forth in Section 2.05), a beneficial interest in a Global Warrant may only not be transferred as a whole, and not in part, and only whole except by (A) the Depositary, Depository to a nominee of the Depositary, (B) Depository or by a nominee of the Depositary, Depository to the Depositary Depository or another nominee of the Depositary, Depository or (C) by the Depositary Depository or any such nominee to a successor Depositary Depository or its nomineeanother nominee of such successor Depository.
(iiiC) In the event that a Global Warrant is exchanged and transferred for Definitive Certificated Warrants pursuant to Section 2.05, such Warrants may be exchanged only in accordance with Section 9 of the Warrant Certificate and such procedures as are substantially consistent with the provisions of this Section 2.04 and the requirements of any Warrant Certificate and such other procedures as may from time to time be adopted by the Company that are not inconsistent as well as in accordance with the terms of this Agreement or of any Warrant CertificateApplicable Law.
Appears in 1 contract
Samples: Warrant Agreement (Nuverra Environmental Solutions, Inc.)
Transfer and Exchange of Global Warrants. (i) The transfer Transfer and exchange of the beneficial interests in Global Warrants or beneficial interests therein shall be effected through the book-entry system maintained by the DepositaryDepository, in accordance with this Agreement and the Warrant Certificates and (including applicable restrictions on Transfer set forth in this Agreement), the procedures of the Depositary thereforDepository therefor and Applicable Law. A transferor of a beneficial interest in a Global Warrant shall deliver to the Warrant Agent a written order given in accordance with the Depository’s procedures containing information regarding the participant account of the Depository to be credited with a beneficial interest in the Global Warrants.
(ii) Notwithstanding any other provisions of this Agreement (other than the provisions set forth in Section 2.05), a beneficial interest in a Global Warrant may only not be transferred as a whole, and not in part, and only whole except by (A) the Depositary, Depository to a nominee of the Depositary, (B) Depository or by a nominee of the Depositary, Depository to the Depositary Depository or another nominee of the Depositary, Depository or (C) by the Depositary Depository or any such nominee to a successor Depositary Depository or its nomineeanother nominee of such successor Depository.
(iii) In the event that a Global Warrant is exchanged and transferred for Definitive Certificated Warrants pursuant to Section 2.05, such Warrants may be exchanged only in accordance with Section 9 of the Warrant Certificate and such procedures as are substantially consistent with the provisions of this Section 2.04 and the requirements of any Warrant Certificate and such other procedures as may from time to time be adopted by the Company that are not inconsistent as well as in accordance with the terms of this Agreement or of any Warrant CertificateApplicable Law.
Appears in 1 contract
Samples: Warrant Agreement (Nuverra Environmental Solutions, Inc.)