Examples of Warrant Holders in a sentence
This Agreement shall terminate as to all Warrant Holders (a) upon written notice to all the Warrant Holders by the Company, or upon the earlier of (i) the date the Company’s board of directors or a committee thereof determines to no longer pursue the Exchange Offer and the Consent Solicitation, and (ii) November 4, 2024; or (b) if the Company fails to commence the Exchange Offer and Consent Solicitation by September 2, 2024.
Nothing contained herein, and no action taken by any Warrant Holder pursuant hereto, shall be deemed to constitute the Warrant Holders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Warrant Holders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated herein.
Notwithstanding anything herein to the contrary, each Warrant Holder's obligation to tender (or cause to be tendered) and to consent under this Agreement is conditioned on the Exchange Offer conforming in all material respects to the terms set forth in the recitals to this Agreement and there being no amendment to such terms that is materially adverse to such Warrant Holder.
Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver makes specific reference to this Agreement and (i) in the case of an amendment, such amendment is with the written consent of the Company and the Warrant Holders (or if such amendment is solely with respect to a particular Warrant Holder, with the written consent of the Company and such Warrant Holder); and (ii) in the case of a waiver, such waiver is signed by the person against whom it is to be enforced.