Noteholder Warrants definition
Examples of Noteholder Warrants in a sentence
Alternatively, at the option of the Investor, the Investor may direct the Escrow Agent by written notice prior to June 30, 2005 to deliver to the Investor the appropriate Notes, to deliver to the Company for cancellation the appropriate Noteholder Warrants and to deliver to each Noteholder the appropriate Noteholder Stock Certificate and the appropriate portion of the Notes Purchase Price as set forth on Exhibit G in order to effectuate the sale to the Investor of some, but less than all of the Notes.
The Borrower shall also procure that all Shares which are capable of being issued as a result of the Conversion of the Convertible Notes and exercise of the Noteholder Warrants are included in the registration statement on Form F-1 or Form F-3 or otherwise, as applicable, that is to be filed with the Securities and Exchange Commission promptly and in no event later than the date that is 60 days after the closing of the merger with Westinghouse Solar, Inc.
In the event that the Company fails to deliver to the Escrow Agent prior to June 30, 2005 any one or more of the Notes, the Noteholder Warrants or the Noteholder Stock Certificates, upon receipt of written notice from the Investor, the Escrow Agent shall return the Notes Purchase Price to the Investor, the appropriate Notes and Noteholders Warrant to each Noteholder to the address set forth on Exhibit G and the Noteholders Stock to the transfer agent of the Company for cancellation.
If the Borrower intends to de-list from the ASX and become listed on the NASDAQ, the Borrower must procure that as part of its application and process in becoming listed on the NASDAQ, all Shares which are capable of being issued as a result of the Conversion of the Convertible Notes and exercise of the Noteholder Warrants are included in the NASDAQ listing application (“NASDAQ Listing Requirement”).
As set forth in the Note and Warrant Termination Agreement, the Noteholder Warrants shall be replaced by warrants to purchase EarthLink Common Stock as set forth therein.