Common Contracts
2 similar Warrant Agreement contracts by Brookside Technology Holdings, Corp.
AMENDED AND RESTATED WARRANT For Common Stock of BROOKSIDE TECHNOLOGY HOLDINGS CORP. Expiring September 23, 2018Warrant Agreement • April 16th, 2010 • Brookside Technology Holdings, Corp. • Communications services, nec • Georgia
This Amended and Restated Warrant (the “Warrant”) is an amendment, consolidation and restatement of the warrant originally issued to Chatham by Company dated as of September 23, 2008 (the “Original Warrant”) as had been supplemented by certain terms and provisions in the May 29, 2009 letter agreement and the August 13, 2009 letter agreement, each between Company (and its affiliates) and Chatham regarding the number of the Stock Units that would be encompassed under the Original Warrant. This Warrant provides (and reaffirms) that the holders are entitled to purchase as of the date of this Warrant 506,906,835 Stock Units (such number increased from that in the Original Warrant due to application of the anti-dilution adjustment provisions in Article IV, and such number to constitute ten percent (10.0%) of all Common Stock on a Fully Diluted Basis as of the date of this Warrant (assuming the future anticipated grant of options to purchase a total of 862,000,000 shares of Common Stock to be
THIS WARRANT AND THE COMMON STOCK PURCHASABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE SOLD OR OFFERED FOR SALE UNLESS REGISTERED UNDER SAID ACT AND ANY APPLICABLE STATE...Warrant Agreement • September 29th, 2008 • Brookside Technology Holdings, Corp. • Communications services, nec • Georgia
This Warrant is one of one or more warrants of the same form and having the same terms as this Warrant, entitling the holders initially to purchase certain 225,000,000 Stock Units, more particularly described below, exercisable in accordance with the terms of this Warrant. In order to induce the Holder to enter into that certain Credit Agreement dated as of even date herewith (as amended, restated, supplemented and otherwise modified from time to time the “Credit Agreement”), by and among Company, as “Parent Company” and “Guarantor” therein, the “Borrowers” party thereto from time to time, any other “Credit Parties” party thereto from time to time, the financial institutions designated as “Lenders” therein and Chatham Credit Management III, LLC, a Georgia limited liability company, as Agent (“Agent”), Company has agreed to issue this Warrant to the Holder in accordance herewith. The Holder is entitled to certain benefits as set forth therein and to certain benefits described in that ce
