Warrant Rights and Term. 2 2.03 Expiration...................................... 2 2.04
Warrant Rights and Term. Each Warrant shall entitle the person in whose name the Warrant Certificate shall then be registered on the books maintained by the Warrant Agent ("Warrant Holder"), upon exercise thereof and subject to the provisions thereof and of this Agreement, including provisions relating to adjustments, to purchase from the Company one fully paid and non-assessable share of Common Stock at the then Exercise Price, at any time on and after the date hereof until the expiration of the Warrant at 5:00 p.m., New York City time, on January 14, 2000, or such later date as may be established pursuant to Section 2.05 ("Expiration Date").
Warrant Rights and Term. Each Warrant shall entitle the Warrant Holder, upon exercise thereof and subject to the provisions thereof and of this Agreement, including provisions relating to adjustments upon the occurrence of certain events as set forth in Article III hereof, to purchase from the Company one fully paid and nonassessable share of Common Stock at the then Exercise Price, upon the occurrence of a Capital Change (as defined in Section 3.05 hereof) or at any time after the date hereof, until the expiration of the Warrant at 5:00 p.m., [THE COMPANY'S PRINCIPAL PLACE OF BUSINESS] time, on 72 _________, 2004 or, if the date hereof, is not a business day in the City of [THE COMPANY'S PRINCIPAL PLACE OF BUSINESS] then on the next succeeding business day (the "Expiration Date").
Warrant Rights and Term. Each Class C Warrant shall entitle the person in whose name the Warrant Certificate shall then be registered on the books maintained by the Company ("Warrant Holder"), upon exercise thereof and subject to the provisions thereof and of this Agreement, including provisions relating to adjustments, to purchase from the Company one fully paid and non-assessable share of Common Stock at the then Exercise Price, at any time on and after the date hereof until the expiration of the warrant at 5:00 p.m., Houston time, on August 31, 2000, or such later date as may be established pursuant to Section 2.05 ("Expiration Date").
Warrant Rights and Term. (a) Each Warrant shall entitle the Securities Holder, upon exercise thereof and subject to the provisions thereof and of this Agreement, including provisions relating to adjustments upon the occurrence of certain events as set forth in Article III hereof to receive from the Company one fully paid and nonassessable Common Share (i) at any time during the period commencing on the date hereof, and ending at 5:00 p.m., on June 2, 2011 or, if such date is not a business day in the City of New York then on the next succeeding business day (the "Expiration Date"), or (ii) as otherwise provided in Section 2.03(b) hereof.
(b) If at any time during the period commencing on the date hereof and ending on the date that is three hundred and sixty five (365) calendar days after the date hereof (i) the Company or any Affiliate of the Company files a registration statement under the Securities Act of 1933, as amended, with respect to an offering of equity securities by the Company for its own account, or an offering for the account of any shareholder of the Company or any group of such shareholders (other than a registration statement on Form S-4 or Form S-8 or any successor forms or other forms not available for registering capital stock of the Company for sale to the public), (ii) the Common Shares are otherwise eligible for inclusion in such registration statement, as determined in good faith by the Board of the Directors of the Company, in its sole discretion, and (iii) the exercise of such Warrants during such period will not result in, or be deemed to result in, a change of control of the Company in a manner that would cause the Company and/or its Affiliates to lose the benefit of any or all of the net operating losses of the Company and/or such Affiliates, then notwithstanding Section 2.03(a), the Warrants may be exercised by the Securities Holder at any time thereafter. In addition, if requested in writing by the Securities Holder, the Company shall use commercially reasonable efforts to include in such registration statement any Common Shares received by the Securities Holder from the exercise of the Warrants.
(c) When used in this Agreement, "Affiliate" or "Affiliates" means with respect to any specified Person (as defined herein), any other Person that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, the Person specified (where control of a Person means the power, direct or indirect, to ...
Warrant Rights and Term. Each Warrant shall entitle the ----------------------- Warrant Holder, upon exercise thereof and subject to the provisions thereof and of this Agreement, including provisions relating to adjustments upon the occurrence of certain events as set forth in Article III hereof, to receive one fully paid and nonassessable share of Common stock at any time after one year from the date of initial issuance of Warrants hereunder until the expiration of the Warrant at 5:00 p.m., New York City time, on the sixth anniversary of such date or, if such date is not a business day in the City of New York, then on the next succeeding business day (the "Expiration Date").
Warrant Rights and Term. Each Warrant shall entitle the Warrant Holder, upon exercise thereof and subject to the provisions thereof and of this Agreement, including provisions relating to adjustments upon the occurrence of certain events as set forth in Article III hereof, to purchase from the Company one fully paid and nonassessable Common Share at the then current Exercise Price at any time after the date hereof and prior to 5:00 p.m., New York time, on September 18, 2004 or, if such date is not a business day in New York City, then prior to 5:00 p.m., New York time on the next succeeding business day (the "EXPIRATION DATE").
Warrant Rights and Term. Exercise of each Warrant shall entitle the person in whose name such Warrant Certificate shall then be registered on the books maintained by the Warrant Agent (the "Warrant Holder"), subject to the provisions of this Agreement and the Warrant Certificate, including provisions relating to adjustments, to (i) in the case of the exercise of a Class A Warrant at the then Class A Exercise Price, one fully paid and non-assessable share of Common Stock and one Class B Warrant at any time on and after the date hereof until the expiration of such Class A Warrant at 5:00 p.m., New York City time on December 31, 1997, or such later date as may be established pursuant to Section 2.05 or such earlier date as may be established pursuant to Section 2.06(e) (the "Class A Expiration Date") and (ii) in the case of the exercise of a Class B Warrant, at the then Class B Exercise Price, one fully paid and non-assessable share of Common Stock at any time on and after such Class B Warrant has become issuable until the expiration of such Class B Warrant at 5:00 p.m., New York City time, on December 31, 1997, or such later date as may be established pursuant to Section 2.05 or such earlier date as may be established pursuant to Section 2.06(e) (the "Class B Expiration Date").
Warrant Rights and Term. Each Warrant shall entitle the Warrant Holder, upon exercise thereof and subject to the provisions thereof and of this Agreement, including provisions relating to adjustments upon the occurrence of certain events as set forth in Article III hereof, to purchase from the Company one-sixth (0.1667) of a fully paid and nonassessable share of Common Stock at the then Exercise Price, upon the earlier to occur of (a) a Capital Event and (b) the date on which such Warrant becomes vested in accordance with the Vesting Schedule. All of the Warrants issued hereunder and evidenced by the Warrant Certificate shall expire and no longer be exercisable at 5:00 p.m. (Houston time) on the earlier to occur of (a) August 31, 2005, or if August 31, 2005 is not a business day in Houston, Texas, then on the next succeeding business day and (b) the 30th day following delivery to the Warrant Holder of the notice described in Section 30.7(d) hereof (the "Expiration Date").
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