Common use of Application of Funds Upon Exercise of Warrants Clause in Contracts

Application of Funds Upon Exercise of Warrants. All funds received by the Warrant Agent under this Agreement that are to be distributed or applied by the Warrant Agent in the performance of services (the “Funds”) shall be held by Computershare, as agent for the Company, and deposited in one or more bank accounts to be maintained by Computershare in its name as agent for the Company. Until paid pursuant to the terms of this Agreement, Computershare will hold the Funds through such accounts in: deposit accounts of commercial banks with Tier 1 capital exceeding $1 billion or with an average rating above investment grade by S&P (LT Local Issuer Credit Rating), Xxxxx’x (Long Term Rating) and Fitch Ratings, Inc. (LT Issuer Default Rating) (each as reported by Bloomberg Finance L.P.). The Warrant Agent shall have no responsibility or liability for any diminution of the Funds that may result from any deposit made by Computershare in accordance with this paragraph, including any losses resulting from a default by any bank, financial institution or other third party. Computershare may from time to time receive interest, dividends or other earnings in connection with such deposits. The Warrant Agent shall not be obligated to pay such interest, dividends or earnings to the Company, any holder or any other party. Computershare shall forward funds received for warrant exercises in a given month by the 5th Business Day of the following month by wire transfer to an account designated by the Company.

Application of Funds Upon Exercise of Warrants. All funds received by the Warrant Agent Computershare under this Agreement that are to be distributed or applied by the Warrant Agent Computershare in the performance of services Services (the “Funds”) shall be held by Computershare, Computershare as agent for the Company, Company and deposited in one or more bank accounts to be maintained by Computershare in its name as agent for the Company. Until paid pursuant to the terms of this Agreement, Computershare will hold the Funds through such accounts in: deposit accounts of commercial banks with Tier 1 capital exceeding $1 billion or with an average rating above investment grade by S&P (LT Local Issuer Credit Rating), Xxxxx’x Mxxxx’x (Long Term Rating) and Fitch Ratings, Inc. (LT Issuer Default Rating) (each as reported by Bloomberg Finance L.P.). The Warrant Agent Computershare shall have no responsibility or liability for any diminution of the Funds that may result from any deposit made by Computershare in accordance with this paragraph, including any losses resulting from a default by any bank, financial institution or other third party. Computershare may from time to time receive interest, dividends or other earnings in connection with such deposits. The Warrant Agent Computershare shall not be obligated to pay such interest, dividends or earnings to the Company, any holder or any other party. Computershare The Warrant Agent shall forward funds received for warrant exercises in a given month by the 5th Business Day business day of the following month by wire transfer to an account designated by the Company.

Application of Funds Upon Exercise of Warrants. All funds received by the Warrant Agent under this Agreement that are to be distributed or applied by the Warrant Agent in the performance of services hereunder (the “Funds”) shall be held by Computershare, Computershare as agent for the Company, Company and deposited in one or more bank accounts to be maintained by Computershare in its name as agent for the Company. Until paid pursuant to the terms of this Agreement, Computershare will hold the Funds through such accounts in: deposit accounts of commercial banks with Tier 1 capital exceeding $1 billion or with an average rating above investment grade by S&P (LT Local Issuer Credit Rating), Xxxxx’x (Long Term Rating) and Fitch Ratings, Inc. (LT Issuer Default Rating) (each as reported by Bloomberg Finance L.P.L.P). The Warrant Agent shall have no responsibility or liability for any diminution of the Funds that may result from any deposit made by Computershare in accordance with this paragraphSection 3.3, including excluding any losses resulting from a default by any bank, financial institution or other third party. Computershare may from time to time receive interest, dividends or other earnings in connection with such deposits. The Warrant Agent Interest shall not be obligated accrue for the benefit of the Company at a rate of 75% of the 1-month T xxxx on the daily balance for the Funds for a period of 60 days or until the balance of the Funds falls below $5 million, whichever occurs first, after which time all interest shall accrue to Computershare.-Computershare shall promptly deliver and pay such interest, dividends to or earnings to upon the Company, any holder or any other party. Computershare shall forward written order of the Company all funds received for warrant exercises in a given month by it upon the 5th Business Day exercise of the following month any Warrants by bank wire transfer to an account designated by the Company or as Computershare otherwise may be directed in writing by the Company.