SUPERCESSION OF ORIGINAL AGREEMENT SUPPLEMENTS AND AMENDMENTS Sample Clauses

SUPERCESSION OF ORIGINAL AGREEMENT SUPPLEMENTS AND AMENDMENTS. This Agreement shall be deemed to amend and restate the Original Agreement in its entirety. From and after execution of this Agreement the Original Agreement shall be deemed to be superceded and none of the parties thereto (and no Warrantholders or holders of Warrant Shares existing on the date hereof) shall have any continuing rights or obligations thereunder (except with respect to breaches of such Original Agreement occurring on or prior to the amendment and restatement contemplated hereby). The Company and the Warrant Agent may from time to time supplement or amend this Agreement or the Warrant Certificates without the approval of any Warrantholders or any holders of Warrant Shares in order to cure any ambiguity or to correct or supplement any provision contained herein or therein which may be defective or inconsistent with any other provision herein, to make any other revisions in regard to matters or questions arising hereunder which the Company and the Warrant Agent may deem necessary or desirable and which shall not in any way adversely affect the interests of the Warrantholders or in connection with the issuance of additional Warrants pursuant to an Additional Warrant Notice (as defined above). Any supplement or amendment not covered by the preceding sentence shall require the consent of the Majority Warrantholders, the Company and the Warrant Agent. Prior to executing any supplement or amendment, the Warrant Agent shall be entitled to receive and shall be entitled to rely conclusively upon an officer's certificate of the Company to the effect that such amendment or supplement complies with the terms of this Section 17. Notwithstanding anything in this Agreement to the contrary, the prior written consent of the Warrant Agent must be obtained in connection with any supplement or amendment which alters the rights, immunities or duties of the Warrant Agent.