Common use of Unit Legend Clause in Contracts

Unit Legend. Each Warrant issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS OF $1,000 PRINCIPAL AMOUNT OF THE 13 3/8% SENIOR SUBORDINATED NOTES DUE 2009 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES, INC. (THE "NOTES"), ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES OF COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK, IN EACH CASE WITH A PAR VALUE OF $0.01 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGS, INC. PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (II) THE DATE ON WHICH AN EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IV) SUCH DATE AS LEHM▇▇ ▇▇▇THERS INC., IN ITS SOLE DISCRETION, SHALL DETERMINE AND (V) IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTES, THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (Osullivan Industries Holdings Inc)

Unit Legend. Each Warrant (other than the Initial Purchaser Warrants) issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS CONSIST OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/83/4% SENIOR SUBORDINATED NOTES DUE 2009 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES, INC. 2007 (THE "NOTES")) OF MAXCOM TELECOMUNICACIONES, S.A. DE C.V. AND ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES OF COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK2.54979 SHARES, IN EACH CASE WITH A NO PAR VALUE OF $0.01 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGSMAXCOM TELECOMUNICACIONES, INCS.A. DE C.V. SERIES N CAPITAL STOCK WITH LIMITED VOTING RIGHTS. PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (II) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, ACT AND (IV) SUCH DATE AS LEHM▇▇ ▇▇▇THERS INC., WARBURG DILLON READ LLC IN ITS SOLE DISCRETIONDISCRETION SHALL DETERMINE, SHALL DETERMINE AND (V) IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTES, THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (Maxcom Telecommunications Inc)

Unit Legend. Each Warrant issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS CONSIST OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/812% SENIOR SUBORDINATED NOTES DUE 2009 (THE "NOTES") OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES, INC. (THE "NOTES"), CORPORATION AND ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES OF 1.22987 [COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCKSHARES, IN EACH CASE WITH A PAR VALUE OF $0.01 PER SHARE, OF O'SUVIKING MERGER SUB, INC.] [SHARES, PAR VALUE $0.01 PER SHARE, OF ▇▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGS, INC. CORPORATION CLASS B COMMON STOCK] PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (II) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE UNITED STATES SECURITIES ACT OF 1933 (THE "SECURITIES ACT"), (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES OR THE WARRANTS IS DECLARED EFFECTIVE UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), (IV) SUCH DATE AS LEHM▇▇ ▇▇▇THERS INC.▇▇▇▇▇▇, LUFKIN & ▇▇▇▇▇▇▇▇ SECURITIES CORPORATION IN ITS SOLE DISCRETION, DISCRETION SHALL DETERMINE AND (V) THE DATE ON WHICH THE ISSUER OF the NOTES GIVES THE NOTICE REQUIRED BY THE INDENTURE GOVERNING THE NOTES UPON THE OCCURRENCE OF A CHANGE OF CONTROL (AS DEFINED IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTES), THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (Merrill Corp)

Unit Legend. Each Warrant Note issued prior to the Separation Date shall bear a legend in substantially the following formlegend (the "Unit Legend") on the face thereof: "THE WARRANTS NOTES EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS CONSIST OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/8% SENIOR SUBORDINATED NOTES DUE 2009 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES, INC. (THE "NOTES"), AND ONE WARRANT (THE EACH, A "COMMON WARRANTSWARRANT") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES OF COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK6.4792 SHARES, IN EACH CASE WITH A PAR VALUE OF $0.01 0.001 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGS, INCTHE COMPANY. PRIOR TO THE NOTES AND WARRANTS WILL BE AUTOMATICALLY SEPARATED UPON THE EARLIEST TO OCCUR OF (Ii) 180 90 DAYS AFTER FROM THE CLOSING DATE OF THE OFFERING OF THE UNITSISSUANCE, (II) THE DATE ON WHICH AN EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IVii) SUCH DATE AS LEHM▇▇ ▇▇▇THERS INC.THE INITIAL PURCHASERS MAY, IN ITS SOLE THEIR DISCRETION, SHALL DETERMINE AND DEEM APPROPRIATE, (Viii) IN THE EVENT OF A CHANGE OF CONTROL (AS DEFINED IN THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTESINDENTURE), THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER THEREOF TO THE HOLDERS OF NOTES, (iv) THE NOTESDATE ON WHICH THE EXCHANGE OFFER (AS DEFINED IN THE INDENTURE) IS CONSUMMATED AND (v) THE DATE ON WHICH THE SHELF REGISTRATION STATEMENT (AS DEFINED IN THE INDENTURE) IS DECLARED EFFECTIVE. THE WARRANTS NOTES EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY SEPARATED FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITHTOGETHER, WITH THE NOTESWARRANTS UNTIL THE SEPARATION DATE."

Appears in 1 contract

Sources: Indenture (Covad Communications Group Inc)

Unit Legend. Each Warrant issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/814% SENIOR SUBORDINATED DISCOUNT NOTES DUE 2009 2010 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIESiPCS, INC. (THE "NOTES"), ONE WARRANT ) AND WARRANTS (THE "COMMON WARRANTS") EACH INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 9.94233 SHARES OF COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK, IN EACH CASE WITH A PAR VALUE OF $0.01 .01 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGS, INCTHE COMPANY. "PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (II) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IV) SUCH DATE THE OCCURRENCE OF A CHANGE OF CONTROL OR AN EVENT OF DEFAULT (EACH AS LEHM▇▇ ▇▇▇THERS INC., DEFINED IN ITS SOLE DISCRETION, SHALL DETERMINE AND (V) IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTES) AND (V) SUCH DATE AS ▇▇▇▇▇▇▇▇▇, THE DATE THE COMPANY MAILS ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ SECURITIES CORPORATION IN ITS SOLE DISCRETION SHALL DETERMINE UPON NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. COMPANY, THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (Ipcs Equipment Inc)

Unit Legend. Each Warrant issued prior to the Separation Date shall will bear a legend in substantially to the following formeffect unless otherwise agreed by the Company and the holder thereof: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/812.25% SENIOR SUBORDINATED DISCOUNT NOTES DUE 2009 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES, INC. 2008 (THE "NOTES"), ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES OF COMMON STOCK ESCROW CORP. AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK14.0953 SHARES, IN EACH CASE WITH A PAR VALUE OF $0.01 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGS, INCAMERICAN TOWER CORPORATION. PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITSOFFERING, (II) THE DATE ON WHICH AN EXCHANGE OFFER A REGISTRATION STATEMENT FOR A REGISTERED EXCHANGE OFFER WITH RESPECT TO THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES WARRANTS IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IV) SUCH DATE AS LEHM▇▇ ▇▇▇THERS INC., CREDIT SUISSE FIRST BOSTON LLC IN ITS SOLE DISCRETION, DISCRETION SHALL DETERMINE AND (V) IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTESA CHANGE OF CONTROL, THE DATE AMERICAN TOWER ESCROW CORPORATION (OR ITS SUCCESSOR) MAILS THE COMPANY MAILS REQUISITE NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. HOLDERS, THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (American Tower Corp /Ma/)

Unit Legend. Each Warrant issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF 160,000 UNITS (THE "UNITS"), EACH OF WHICH CONSISTS OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/814% SENIOR SUBORDINATED NOTES DUE 2009 2011 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIESIWO HOLDINGS, INC. (THE "NOTES"), ) AND ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 12.50025 SHARES OF CLASS C COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK, IN EACH CASE WITH A PAR VALUE OF $0.01 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES IWO HOLDINGS, INC. "PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (II) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IV) SUCH DATE THE OCCURRENCE OF A CHANGE OF CONTROL OR AN EVENT OF DEFAULT (EACH AS LEHM▇▇ ▇▇▇THERS INC., DEFINED IN ITS SOLE DISCRETION, SHALL DETERMINE AND (V) IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTES) AND (V) SUCH DATE AS CREDIT SUISSE FIRST BOSTON CORPORATION (OR ITS SUCCESSOR OR ASSIGN) IN ITS SOLE DISCRETION SHALL DETERMINE, THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (Independent Wireless One Corp)

Unit Legend. Each Warrant Note issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS NOTES EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS CONSIST OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/8% SENIOR SUBORDINATED NOTES DUE 2009 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIESAND ONE SHARE (COLLECTIVELY, INC. (THE "NOTES"), ONE WARRANT (THE "COMMON WARRANTSSHARES") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES OF CLASS B COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK, IN EACH CASE WITH A PAR VALUE OF $0.01 PER SHARE, SHARE OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGS, INCNEXSTAR EQUITY CORP. PRIOR TO THE CLOSE OF BUSINESS UPON THE EARLIEST TO OCCUR OF (Ii) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (IIii) IN THE EVENT THE ISSUERS ARE REQUIRED TO MAKE A CHANGE OF CONTROL OFFER AS SPECIFIED IN THE INDENTURE, THE DATE ON WHICH NOTICE OF THE OFFER IS MAILED TO THE HOLDERS OF NOTES, (iii) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO THE NOTES OR A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IIIiv) IMMEDIATELY PRIOR TO THE REDEMPTION OF ANY NOTES WITH THE PROCEEDS OF AN EQUITY OFFERING AS SPECIFIED IN THE INDENTURE, (v) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACTCONSUMMATION OF AN INITIAL PUBLIC OFFERING BY NEXSTAR BROADCASTING GROUP, L.L.C., OR (IVvi) SUCH EARLIER DATE AS LEHM▇▇ ▇▇▇THERS INC., DETERMINED BY BANC OF AMERICA SECURITIES L.L.C. IN ITS SOLE DISCRETION, SHALL DETERMINE AND (V) IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTESDISCRECTION, THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. THE WARRANTS NOTES EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTESCOMMON SHARES."

Appears in 1 contract

Sources: Indenture (Nexstar Finance Holdings LLC)

Unit Legend. Each Warrant issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS CONSIST OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/812% SENIOR SUBORDINATED NOTES DUE 2009 (THE "NOTES") OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES, INC. (THE "NOTES"), CORPORATION AND ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES OF 1.22987 [COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCKSHARES, IN EACH CASE WITH A PAR VALUE OF $0.01 PER SHARE, OF O'SUVIKING MERGER SUB. INC.] [SHARES, PAR VALUE $0.01 PER SHARE, OF ▇▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGS, INC. CORPORATION CLASS B COMMON STOCK] PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, . (II) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE UNITED STATES SECURITIES ACT OF 1933 (THE "SECURITIES ACT"), (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES OR THE WARRANTS IS DECLARED EFFECTIVE UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), (IV) SUCH DATE AS LEHM▇▇ ▇▇▇THERS INC.▇▇▇▇▇▇, LUFKIN & ▇▇▇▇▇▇▇▇ SECURITIES CORPORATION IN ITS SOLE DISCRETION, DISCRETION SHALL DETERMINE AND (V) THE DATE ON WHICH THE ISSUER OF THE NOTES GIVES THE NOTICE REQUIRED BY THE INDENTURE GOVERNING THE NOTES UPON THE OCCURRENCE OF A CHANGE OF CONTROL (AS DEFINED IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTES), THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE MAYBE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (Merrill Corp)

Unit Legend. Each Warrant issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF 105,000 UNITS (THE "UNITS"), EACH OF WHICH CONSISTS OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/811.875% SENIOR SUBORDINATED SECURED NOTES DUE 2009 2008, SERIES A, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES, INC. THE COMPANY (THE "NOTES"), ) AND ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 FOUR SHARES OF COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK, IN EACH CASE WITH A PAR VALUE OF $0.01 .10 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGS, INCTHE COMPANY. PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (II) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES OR THE WARRANTS AND WARRANT SHARES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IV) SUCH DATE NOTIFICATION OF THE OCCURRENCE OF A CHANGE OF CONTROL OR AN EVENT OF DEFAULT (AS LEHM▇▇ ▇▇▇THERS INC.DEFINED IN THE INDENTURE GOVERNING THE NOTES (THE "INDENTURE")), IN ITS SOLE DISCRETIONWITH RESPECT TO THE NOTES, SHALL DETERMINE AND (V) SUCH DATE AS THE INITIAL PURCHASERS (AS DEFINED IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTESINDENTURE) (OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS) IN THEIR SOLE DISCRETION SHALL DETERMINE, THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (Mikohn Gaming Corp)

Unit Legend. Each Warrant issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS OF $1,000 PRINCIPAL AMOUNT OF THE 13 3/8% SENIOR SUBORDINATED NOTES DUE 2009 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES, INC. (THE "NOTES"), ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES OF COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK, IN EACH CASE WITH A PAR VALUE OF $0.01 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGS, INC. PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (IIii) THE DATE ON WHICH AN EXCHANGE OFFER An exchange offer REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IIIIii) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR for THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IViV) SUCH DATE AS LEHMlehm▇▇ ▇▇▇THERS INCthers inc., IN ITS SOLE DISCRETION, SHALL DETERMINE AND (V) IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS the terms OF THE INDENTURE GOVERNING THE NOTES, THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (Osullivan Industries Holdings Inc)

Unit Legend. Each Warrant issued prior to Until the Separation Date shall Date, each Note will bear a legend in substantially the following form: "THE WARRANTS SECURITY EVIDENCED BY THIS CERTIFICATE ARE IS INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/814% SENIOR SUBORDINATED SECURED NOTES DUE 2009 2011 (THE “NOTES”) OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIESGRANDE COMMUNICATIONS HOLDINGS, INC. (THE "NOTES"), AND ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 100.336 SHARES OF COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK, IN EACH CASE WITH A PAR VALUE OF $0.01 0.001 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES GRANDE COMMUNICATIONS HOLDINGS, INC., SUBJECT TO CERTAIN ADJUSTMENTS. PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (II) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES WARRANT SHARES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IV) SUCH IN THE EVENT A CHANGE OF CONTROL (AS DEFINED IN THE INDENTURE GOVERNING THE NOTES) OCCURS, THE DATE AS LEHM▇▇ ▇▇▇THERS INC.ON WHICH THE COMPANY MAILS THE REQUIRED NOTICE THEREOF TO THE HOLDERS OF NOTES OF THE OCCURRENCE OF A CHANGE OF CONTROL, IN ITS SOLE DISCRETION, SHALL DETERMINE AND (V) IN THE EVENT AN ASSET SALE OFFER (AS DEFINED IN THE COMPANY INDENTURE GOVERNING THE NOTES) IS REQUIRED TO PURCHASE NOTES PURSUANT BE MADE, THE DATE ON WHICH THE COMPANY MAILS THE REQUIRED NOTICE THEREOF TO THE TERMS HOLDERS OF NOTES OF THE OCCURRENCE OF SUCH ASSET SALE OFFER, (VI) IN THE EVENT THAT THE COMPANY ENGAGES IN AN OPTIONAL REDEMPTION OF THE NOTES AFTER AN EQUITY OFFERING (AS DEFINED IN THE INDENTURE GOVERNING THE NOTES), THE DATE ON WHICH THE COMPANY MAILS THE REQUIRED NOTICE THEREOF TO THE HOLDERS OF NOTES OF SUCH OPTIONAL REDEMPTION, (VII) A RESTRUCTURING (AS DEFINED IN THE INDENTURE GOVERNING THE NOTES), (VIII) AN EVENT OF DEFAULT UNDER THE INDENTURE GOVERNING THE NOTES, AND (IX) SUCH DATE AS BEAR, ▇▇▇▇▇▇▇ & CO. INC. IN ITS SOLE DISCRETION SHALL DETERMINE, THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. THE WARRANTS SECURITY EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTESAS A UNIT."

Appears in 1 contract

Sources: Indenture (Denton Telecom Holdings I, L.L.C.)

Unit Legend. Each Warrant issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF 295,000 UNITS (THE "UNITS"), EACH OF WHICH CONSISTS OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/814% SENIOR SUBORDINATED DISCOUNT NOTES DUE 2009 2010 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIESHORIZON PCS, INC. (THE "NOTES"), ) AND ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 12.90 SHARES OF CLASS A COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK, IN EACH CASE WITH A PAR VALUE OF $0.01 .0001 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGSHORIZON PCS, INC. "PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (II) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IV) SUCH DATE THE OCCURRENCE OF A CHANGE OF CONTROL OR AN EVENT OF DEFAULT (EACH AS LEHM▇▇ ▇▇▇THERS INC., DEFINED IN ITS SOLE DISCRETION, SHALL DETERMINE AND (V) IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTES) AND (V) SUCH DATE AS DONALDSON, THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. LUFKIN & JENRETTE ▇▇▇▇RITIE▇ ▇▇▇▇▇RATION (OR ITS SUCCESSOR OR ASSIGN) IN ITS SOLE DISCRETION SHALL DETERMINE, THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (Horizon Personal Communications Inc)

Unit Legend. Each Warrant issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS CONSIST OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/814 3/4% SENIOR SUBORDINATED DISCOUNT NOTES DUE 2009 2014 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIESHOLDINGS (N.A.), INC. (THE "NOTES"), ”) AND ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES OF COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK109.80889 SHARES, IN EACH CASE WITH A PAR VALUE OF $0.01 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGSHOLDINGS (N.A.), INC. PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (II) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IV) SUCH DATE AS LEHM▇▇ ▇▇▇THERS INC., THE INITIAL PURCHASERS IN ITS THEIR SOLE DISCRETION, DISCRETION SHALL DETERMINE AND (V) THE OCCURRENCE OF A CHANGE OF CONTROL (AS DEFINED IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTES), THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."” Notwithstanding the foregoing, Units issued pursuant to Rule 903 of Regulation S shall separate immediately upon issuance.

Appears in 1 contract

Sources: Warrant Agreement (Mueller Water Products, Inc.)

Unit Legend. Each Warrant issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF (I) UNITS (THE "UNITS"), EACH OF WHICH CONSISTS CONSIST OF $1,000 225,000,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/812 1/2% SENIOR SUBORDINATED NOTES DUE 2009 2010 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIESLEAP WIRELESS INTERNATIONAL, INC. (THE "NOTES"), AND ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES 5.146 SHARES, PAR VALUE $.0001 PER SHARE, OF COMMON STOCK LEAP WIRELESS INTERNATIONAL, INC. AND (II) UNITS, WHICH CONSIST OF $668,000,000 PRINCIPAL AMOUNT AT MATURITY ($325,102,240 INITIAL ACCRETED VALUE) OF THE 14 1/2% SENIOR DISCOUNT NOTES (TOGETHER WITH THE SENIOR NOTES, THE "NOTES") DUE 2010 OF LEAP WIRELESS INTERNATIONAL, INC. AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCK2.503 SHARES, IN EACH CASE WITH A PAR VALUE OF $0.01 .0001 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGSLEAP WIRELESS INTERNATIONAL, INC. (THE WARRANTS ISSUED IN CONNECTION WITH THE SENIOR NOTES TOGETHER WITH THE WARRANTS ISSUED IN CONNECTION WITH THE SENIOR DISCOUNT NOTES ARE COLLECTIVELY REFERRED TO AS "WARRANTS".) 24 EXCEPT AS CONTEMPLATED BY SECTION 7 OF THE WARRANT AGREEMENT, PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING DATE THAT IS SIX MONTHS FOLLOWING THE INITIAL SALE OF THE OFFERING OF THE UNITS, (II) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IV) SUCH DATE AS LEHMMORG▇▇ ▇▇▇THERS INC., N▇▇▇ & ▇O. INCORPORATED IN ITS SOLE DISCRETION, DISCRETION SHALL DETERMINE AND (V) THE OCCURRENCE OF A CHANGE OF CONTROL (AS DEFINED IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTES, THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS ) OR A PERMITTED OPTIONAL REDEMPTION OF THE SENIOR NOTES OR THE SENIOR DISCOUNT NOTES. , AS APPLICABLE (AS DEFINED IN THE INDENTURE GOVERNING THE NOTES), THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (Leap Wireless International Inc)

Unit Legend. Each Warrant Note issued prior to the Separation Date shall bear a legend in substantially the following formlegend (the "Unit Legend") on the face thereof: "THE WARRANTS NOTES EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS CONSIST OF $1,000 PRINCIPAL AMOUNT AT MATURITY OF THE 13 3/8% SENIOR SUBORDINATED NOTES DUE 2009 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES, INC. (THE "NOTES"), AND ONE WARRANT (THE EACH, A "COMMON WARRANTSWARRANT") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES OF COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 7.9002 SHARES OF SERIES B JUNIOR PREFERRED COMMON STOCK, IN EACH CASE WITH A NO PAR VALUE OF $0.01 PER SHAREVALUE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGS, INCTHE COMPANY. PRIOR TO THE NOTES AND WARRANTS WILL BE AUTOMATICALLY SEPARATED UPON THE EARLIEST TO OCCUR OF (Ii) 180 90 DAYS AFTER FROM THE CLOSING DATE OF THE OFFERING OF THE UNITSISSUANCE, (II) THE DATE ON WHICH AN EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IVii) SUCH DATE AS LEHM▇▇ ▇▇▇THERS INC.THE INITIAL PURCHASERS MAY, IN ITS SOLE THEIR DISCRETION, SHALL DETERMINE AND DEEM APPROPRIATE, (Viii) IN THE EVENT OF A CHANGE OF CONTROL (AS DEFINED IN THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTESINDENTURE), THE DATE THE COMPANY MAILS NOTICE THEREOF TO HOLDERS OF NOTES, (iv) THE DATE ON WHICH THE REGISTERED EXCHANGE OFFER (AS DEFINED IN THE INDENTURE) IS CONSUMMATED AND (v) THE DATE ON WHICH THE SHELF REGISTRATION STATEMENT (AS DEFINED IN THE INDENTURE) IS DECLARED EFFECTIVE (THE EARLIEST OF SUCH OFFER TO DATES, THE HOLDERS OF THE NOTES"SEPARATION DATE"). THE WARRANTS NOTES EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY SEPARATED FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITHTOGETHER, WITH THE NOTESWARRANTS UNTIL THE SEPARATION DATE."

Appears in 1 contract

Sources: Indenture (Firstworld Communications Inc)

Unit Legend. Each Warrant issued prior to the Separation Date shall bear a legend in substantially the following form: "THE WARRANTS EVIDENCED BY THIS CERTIFICATE ARE INITIALLY ISSUED AS PART OF AN ISSUANCE OF UNITS (THE "UNITS"), EACH OF WHICH CONSISTS CONSIST OF $1,000 PRINCIPAL AMOUNT OF THE 13 3/812% SENIOR SUBORDINATED NOTES DUE 2009 2007 OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES, INCINSILCO CORPORATION. (THE "NOTES"), ) AND ONE WARRANT (THE "COMMON WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.9327 SHARES 0.52 OF COMMON STOCK AND ONE WARRANT (THE "PREFERRED WARRANTS") INITIALLY ENTITLING THE HOLDER THEREOF TO PURCHASE 0.3927 SHARES OF SERIES B JUNIOR PREFERRED STOCKA SHARE, IN EACH CASE WITH A PAR VALUE OF $0.01 0.001 PER SHARE, OF O'SU▇▇▇▇▇▇ ▇▇▇USTRIES HOLDINGS, INCINSILCO HOLDING CO. COMMON STOCK. PRIOR TO THE EARLIEST TO OCCUR OF (I) 180 DAYS AFTER THE CLOSING OF THE OFFERING OF THE UNITS, (II) THE DATE ON WHICH AN A REGISTRATION STATEMENT WITH RESPECT TO A REGISTERED EXCHANGE OFFER REGISTRATION STATEMENT FOR THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (III) THE DATE ON WHICH A SHELF REGISTRATION STATEMENT FOR WITH RESPECT TO THE NOTES IS DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (IV) SUCH DATE AS LEHM▇▇ ▇▇▇THERS INC.▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ SECURITIES CORPORATION IN ITS SOLE DISCRETION, DISCRETION SHALL DETERMINE AND (V) THE OCCURRENCE OF A CHANGE OF CONTROL (AS DEFINED IN THE EVENT THE COMPANY IS REQUIRED TO PURCHASE NOTES PURSUANT TO THE TERMS OF THE INDENTURE GOVERNING THE NOTES), THE DATE THE COMPANY MAILS NOTICE OF SUCH OFFER TO THE HOLDERS OF THE NOTES. THE WARRANTS EVIDENCED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED OR EXCHANGED SEPARATELY FROM, BUT MAY BE TRANSFERRED OR EXCHANGED ONLY TOGETHER WITH, THE NOTES."

Appears in 1 contract

Sources: Warrant Agreement (Insilco Holding Co)