Common use of Treasury Warrants Clause in Contracts

Treasury Warrants. In determining whether the holders of the required amount of Warrants have concurred in any direction, waiver or consent, Warrants owned by Holdings, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Holdings, shall be considered as though not outstanding, except that for the purposes of determining whether the Warrant Agent shall be protected in relying on any such direction, waiver or consent, only Warrants that a responsible officer of the Warrant Agent actually knows are so owned shall be so disregarded.

Appears in 2 contracts

Samples: Warrant Agreement (Xm Satellite Radio Holdings Inc), Warrant Agreement (Xm Satellite Radio Inc)

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Treasury Warrants. In determining whether the holders Holders of the ----------------- required amount of Warrants have concurred in any direction, waiver or consent, Warrants owned by Holdings, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Holdings, shall be considered as though not outstanding, except that for the purposes of determining whether the Warrant Agent shall be protected in relying on any such direction, waiver or consent, only Warrants that a responsible officer of the Warrant Agent actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Warrant Agreement (Xm Satellite Radio Holdings Inc)

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Treasury Warrants. In determining whether the holders Holders of the required amount of Warrants have concurred in any direction, waiver or consent, Warrants owned by Holdings, or by any Person directly or indirectly controlling or controlled by or under direct or indirect common control with Holdings, shall be considered as though not outstanding, except that for the purposes of determining whether the Warrant Agent shall be protected in relying on any such direction, waiver or consent, only Warrants that a responsible officer of the Warrant Agent actually knows are so owned shall be so disregarded.

Appears in 1 contract

Samples: Warrant Agreement (Amsc Acquisition Co Inc)

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