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.
In the event that any Escrowed Shares are released to Former Warrant Holders after the Closing, all such Escrowed Shares shall be released to the former Warrant Holders consistent with instructions delivered by the Designated Monitor to the Escrow Agent and the Warrant Escrow Agent in accordance with the Step Down Share Purchase Right Agreement, the Escrow Agreement and the Warrant Escrow Agreement.
Upon delivery of the Contingent Warrants to the successor warrant escrow agent, the Warrant Escrow Agent shall have no further duties, responsibilities or obligations hereunder.
The Warrant Escrow Agent and Parent are hereby relieved from any liability to any person for any acts done by them in accordance with such decision, act, consent or instruction of the Securityholders’ Representative.
In no event shall the Warrant Escrow Agent be liable for indirect, punitive, special or consequential damages or loss whatsoever.
While the Warrant Escrow Agent shall be responsible for obtaining from the Company stock certificates in the proper denominations for the Shares deliverable to the Warrantholder on any exercise of this Warrant, all related expenses, taxes and other charges of the Company, the Warrant Escrow Agent and any other party payable in connection with the preparation, issuance and delivery of share certificates shall be the sole responsibility of Excalibur and the Borrower under the Credit Agreement.
If the Warrant Escrow Agent obeys or complies with any such order, judgment or decree of any court or any written decision of arbitrators, the Warrant Escrow Agent shall not be liable to any of the parties hereto or to any other person by reason of such compliance, notwithstanding any such order, judgment or decree being subsequently reversed, modified, annulled, set aside, vacated or found to have been entered without jurisdiction.
Upon receipt by the Warrant Agent of a properly completed Release Certificate described in Sections 4.2 or 4.3, as the case may be, the Warrant Agent will present such Certificate to the Warrant Escrow Agent as contemplated by Section 2 of the Warrant Escrow Agreement.
The Warrant Escrow Agent shall deliver the Contingent Warrants without unreasonable delay after receiving notice from the Company of its designation of a successor Warrant Escrow Agent and upon receipt of all fees and reimbursement for all costs and other expenses or other obligations owed to the Warrant Escrow Agent.