Examples of Amendment and Exchange Agreement in a sentence
This Warrant is one of the “New Warrants” described in a Warrant Amendment and Exchange Agreement between the Company and the Warrant Holder of even date herewith (the “Warrant Amendment and Exchange Agreement”).
The Warrant Amendment and Exchange Agreement, among other things, also amended a certain Registration Rights Agreement between the Company and the Warrant Holder dated February 10, 2005 (as amended by a First Amendment thereto dated November 7, 2005, the “Registration Rights Agreement”), pursuant to which Registration Rights Agreement the Company has granted certain registration rights to the Warrant Holder, including with respect to the shares of Common Stock underlying this Warrant.
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Amendment and Exchange Agreement.
This Warrant, together with the Amendment and Exchange Agreement, constitutes the sole and entire agreement of the parties to this Warrant with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.
Castlerigg has received this Proxy in connection with the exchange of consideration with EBOF pursuant to an Amendment and Exchange Agreement and the proxy is coupled with an interest and is irrevocable subject to Sections 1 and 5(a).
Except as otherwise expressly provided herein, the Securities Purchase Agreement, the Amendment and Exchange Agreement and each other Transaction Document and the Security Documents, is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects.
Xxxxxxx XX Enclosed, please find my Form of Warrant with Warrant Certificate No.: W-[●] and Original Issue Date: [●] (the “Warrant”) issued under the Amendment and Exchange Agreement, dated [●], 2018 (the “Amendment and Exchange Agreement”), and subject to all of the terms and conditions of the Warrant and the Amendment and Exchange Agreement referred to therein.
This Note and the Other Notes are secured to the extent and in the manner set forth in the Security Documents (as defined in the Amendment and Exchange Agreement).
Pursuant to the Warrant Amendment and Exchange Agreement, the Company and the Warrant Holder divided, amended and restated the Company’s Common Stock Purchase Warrant “B” dated February 11, 2005 (“Original Warrant B”) into this Warrant and into a Common Stock Purchase Warrant “B-1” of even date herewith (“New Warrant “B-1”), and the Warrant Holder surrendered Original Warrant B (pursuant to Section 4.b of Original Warrant B) in exchange for this Warrant and New Warrant B-1.
Prior to or simultaneous with the Closing, the Company shall have entered into that certain Amendment and Exchange Agreement with the holders of the Amended and Restated Senior Secured Subordinated Notes of the Company, due July 1, 2009, as may be amended from time to time (the “Bridge Notes”), and the Senior Secured Convertible Notes of the Company, due December 31, 2009, as may be amended from time to time (the “Cap Notes”).