Transfers of Global Warrants. Transfers of a Global Warrant shall be limited to transfers of such Global Warrant in whole, but not in part, to DTC, its successors or their respective nominees. Interests of beneficial owners in a Global Warrant may be transferred in accordance with the rules and procedures of DTC and the provisions of Section 2.8. If required to do so pursuant to any applicable law or regulation, beneficial owners may obtain Warrants in definitive form, in exchange for their beneficial interests in a Global Warrant upon written request in accordance with DTC's and the Warrant Registrar's procedures. In addition, Definitive Warrants shall be transferred to all beneficial owners in exchange for their beneficial interests in a Global Warrant if (i) DTC (A) notifies the Company that it is unwilling or unable to continue as depository for the Global Warrant and the Company thereupon fails to appoint a successor depository upon 90 days or (B) has ceased to be a clearing agency registered under the Exchange Act and the Company thereupon fails to appoint a successor depository upon 90 days, (ii) upon the continuance of an Event of Default under the Indenture or (iii) the Company, at its option, notifies the Warrant Agent in writing that it elects to cause issuance of Definitive Warrants. In addition, beneficial interests in a Global Warrant may be exchanged for Definitive Warrants upon request but only upon at least 20 days' prior written notice given to the Warrant Agent by or on behalf of DTC in accordance with customary procedures. In all cases, Definitive Warrants delivered in exchange for any Global Warrants or beneficial interest therein will be registered in names, and issued in any approved denominations, requested by or on behalf of DTC (in accordance with its customary procedures) and will bear, the Private Placement Legend set forth in Section 2.5, if applicable, unless the Company determines otherwise in compliance with applicable law.
Appears in 1 contract
Transfers of Global Warrants. Transfers of a Global Warrant ---------------------------- shall be limited to transfers of such Global Warrant in whole, but not in part, to DTC, its successors or their respective nominees. Interests of beneficial owners in a Global Warrant may be transferred in accordance with the rules and procedures of DTC and the provisions of Section 2.82.9. If required to do so pursuant to any applicable law or regulation, beneficial owners may obtain Warrants in definitive form, in exchange for their beneficial interests in a Global Warrant upon written request in accordance with DTC's and the Warrant Registrar's procedures. In addition, Definitive Warrants shall be transferred to all beneficial owners in exchange for their beneficial interests in a Global Warrant if (i) DTC (A) notifies the Company that it is unwilling or unable to continue as depository for the Global Warrant and the Company thereupon fails to appoint a successor depository upon 90 days or (B) has ceased to be a clearing agency registered under the Exchange Act and the Company thereupon fails to appoint a successor depository upon 90 daysdays notice, (ii) upon the continuance of an Event of Default under the Indenture or (iii) the Company, at its option, notifies the Warrant Agent in writing that it elects to cause issuance of Definitive Warrants. In addition, beneficial interests in a Global Warrant may be exchanged for Definitive Warrants upon request but only upon at least 20 days' prior written notice given to the Warrant Agent Company by or on behalf of DTC in accordance with customary procedures. In all cases, Definitive Warrants delivered in exchange for any Global Warrants or beneficial interest therein will be registered in names, and issued in any approved denominations, requested by or on behalf of DTC (in accordance with its customary procedures) and will bear, bear the Private Placement Legend set forth in Section 2.5, if applicable, unless the Company determines otherwise in compliance with applicable law.
Appears in 1 contract
Samples: Warrant Agreement (Cybernet Internet Services International Inc)
Transfers of Global Warrants. Transfers of a Global Warrant shall be limited to transfers of such Global Warrant in whole, but not in part, to DTC, its successors or their respective nominees. Interests of beneficial owners in a Global Warrant may be transferred in accordance with the rules and procedures of DTC and the provisions of this Section 2.82.9. If required to do so pursuant to any applicable law or regulation, beneficial owners may obtain Warrants in definitive form, in exchange for their beneficial interests in a Global Warrant upon written request in accordance with DTC's and the Warrant Registrar's procedures. In addition, Definitive Warrants shall be transferred to all beneficial owners in exchange for their beneficial interests in a Global Warrant if (i) DTC (A) notifies the Company that it is unwilling or unable to continue as depository Depositary for the Global Warrant and the Company thereupon fails to appoint a successor depository depositary upon 90 days notice or (B) has ceased to be a clearing agency registered under the Exchange Act and the Company thereupon fails to appoint a successor depository depositary upon 90 daysdays notice, (ii) upon the continuance of an Event of Default under the Indenture occurs and is continuing or (iii) the Company, at its option, notifies the Warrant Agent in writing that it elects to cause issuance of Definitive Warrants. In addition, beneficial interests in a Global Warrant may be exchanged for Definitive Warrants upon request but only upon at least 20 days' prior written notice given to the Warrant Agent by or on behalf of DTC in accordance with customary procedures. In all cases, Definitive Warrants delivered in exchange for any Global Warrants or beneficial interest therein will be registered in names, and issued in any approved denominations, requested by or on behalf of DTC (in accordance with its customary procedures) and will bear, bear the Private Placement Legend set forth in Section 2.5, if applicable, unless the Company determines otherwise in compliance with applicable law.
Appears in 1 contract
Samples: Warrant Agreement (Versatel Telecom International N V)
Transfers of Global Warrants. Transfers of a Global Warrant shall be limited to transfers of such Global Warrant in whole, but not in part, to DTC, its successors or their respective nominees. Interests of beneficial owners in a Global Warrant may be transferred in accordance with the rules and procedures of DTC and the provisions of Section 2.82.9. If required to do so pursuant to any applicable law or regulation, beneficial owners may obtain Warrants in definitive form, in exchange for their beneficial interests in a Global Warrant upon written request in accordance with DTC's and the Warrant Registrar's procedures. In addition, Definitive Warrants shall be transferred to all beneficial owners in exchange for their beneficial interests in a Global Warrant if (i) DTC (A) notifies the Company that it is unwilling or unable to continue as depository for the Global Warrant and the Company thereupon fails to appoint a successor depository upon 90 days or (B) has ceased to be a clearing agency registered under the Exchange Act and the Company thereupon fails to appoint a successor depository upon 90 days, (ii) upon the continuance of an Event of Default under the Indenture or (iii) the Company, at its option, notifies the Warrant Agent in writing that it elects to cause issuance of Definitive Warrants. In addition, beneficial interests in a Global Warrant may be exchanged for Definitive Warrants upon request but only upon at least 20 days' prior written notice given to the Warrant Agent by or on behalf of DTC in accordance with customary procedures. In all cases, Definitive Warrants delivered in exchange for any Global Warrants or beneficial interest therein will be registered in names, and issued in any approved denominations, requested by or on behalf of DTC (in accordance with its customary procedures) and will bear, the Private Placement Legend set forth in Section 2.5, if applicable, unless the Company determines otherwise in compliance with applicable law. required to hold Definitive Warrants, the Warrant Registrar shall reflect on its books and records the date and a decrease in the amount of such Global Warrant in an amount equal to the amount of the beneficial interest in the Global Warrant to be transferred, and the Company shall execute, and the Warrant Agent shall countersign and deliver, one or more Definitive Warrants of like tenor and amount.
Appears in 1 contract
Samples: Warrant Agreement (Versatel Telecom International N V)