Examples of Warrant Escrow Agent in a sentence
To the extent that the trustees chosen by the Equity Holders' Committee and the Securities Claimants' Committee cannot agree on a distribution scheme with which to instruct the New Warrant Escrow Agent, then either or both of such trustees may seek the instructions of the Court after the Effective Date on such distribution scheme after notice and a hearing.
The two trustees shall direct the New Warrant Escrow Agent and adopt and implement procedures for the liquidation and allowance of Claims and Equity Interests and allocation and distribution of the New Warrants among the holders of Claims and Equity Interests in Classes 7A, 7B and 7C.
Parent shall cause the Transfer Agent to issue to the Warrant Escrow Agent stock certificates representing the Escrowed Warrant Shares remaining in the Warrant Escrow Fund upon a distribution of the Escrowed Warrant Shares and to issue stock certificates in the name of the Securityholders, as instructed by the Securityholders’ Representative.
The Warrant Escrow Agent hereby accepts appointment as Warrant Escrow Agent and agrees to accept delivery of and hold the Warrant Escrow Fund in escrow subject to the terms and conditions of this Agreement, the Merger Agreement, the Indemnity Escrow Fund and the Securityholders’ Representative Fund Escrow Agreement.
Upon receipt of this duly completed Release Certificate, the Warrant Escrow Agent is hereby instructed to release to each Holder the number of SDN Warrants set forth beside such Holder’s name on the attached Schedule I, as provided under Section 4.2 of the Senior Discount Warrant Agreement between DDi Corp.
By: Name:_______________________________ Title:________________________________ MELLON INVESTOR SERVICES as Warrant Escrow Agent By: Name:_______________________________ Title:________________________________ RXXXXXX X.
All payments received by the Warrant Escrow Agent on exercise of the Warrant shall be remitted to Ball in accordance with the provisions of the Warrant Escrow Agreement.
If the number of shares in the Fully Diluted Base decreases, Excalibur shall have the right to receive from the Warrant Escrow Agent one or more certificates representing a number of Shares such that the aggregate number of Shares deposited into escrow pursuant to the Warrant Escrow Agreement by Ball and Excalibur, after giving effect to any similar request to receive shares from Ball, equals 5% of the Fully Diluted Base.
By: ____________________________________ Name:_______________________________ Title:________________________________ MELLON INVESTOR SERVICES as Warrant Escrow Agent By: ____________________________________ Name:_______________________________ Title:________________________________ RXXXXXX X.
In no event shall the Warrant Escrow Agent be liable (i) for acting in good faith in accordance with instructions from the Warrant Agent, the Company or any of its agents, (ii) for special or consequential damages, (iii) for the acts or omissions of its nominees, correspondents, designees, sub-agents or sub- custodians or (iv) for any amount in excess of the value of the Warrants.