Common use of Concerning the Warrant Agent Clause in Contracts

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Section 9.2 Rights and Duties of Warrant Agent 38 Section 9.3 Evidence, Experts and Advisers 38 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 Section 9.5 Actions by Warrant Agent to Protect Interest 40 Section 9.6 Warrant Agent Not Required to Give Security 40 Section 9.7 Protection of Warrant Agent 40 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Section 9.9 Conflict of Interest 42 Section 9.10 Acceptance of Agency 42 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 Section 9.13 Anti-Money Laundering 43 Section 9.14 Compliance with Privacy Code 43 Section 9.15 Securities Exchange Commission Certification 44

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 38 Section 9.2 Rights and Duties of Warrant Agent Agent. 38 Section 9.3 Evidence, Experts and Advisers 38 39 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 Agent. 40 Section 9.5 Actions by Warrant Agent to Protect Interest 40 41 Section 9.6 Warrant Agent Not Required to Give Security 40 Security. 41 Section 9.7 Protection of Warrant Agent 40 Agent. 41 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Xxxxxx 42 Section 9.9 Conflict Acceptance of Interest 42 Agency. 43 Section 9.10 Acceptance of Agency 42 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 43 Section 9.12 9.11 Warrant Agent Not Required to Give Notice of Default 43 Section 9.13 9.12 Anti-Money Laundering Laundering. 43 Section 9.14 9.13 Compliance with Privacy Code 43 Section 9.15 Securities Exchange Commission Certification 44

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Legislation. 36 Section 9.2 Rights and Duties of Warrant Agent 38 Agent. 36 Section 9.3 Evidence, Experts and Advisers 38 Advisers. 37 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 Agent. 38 Section 9.5 Actions by Warrant Agent to Protect Interest 40 Interest. 38 Section 9.6 Warrant Agent Not Required to Give Security 40 Security. 38 Section 9.7 Protection of Warrant Agent 40 Agent. 38 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Merger. 39 Section 9.9 Conflict of Interest 42 Section 9.10 Acceptance of Agency 42 40 Section 9.11 9.10 Warrant Agent Not to be Appointed Receiver 42 Receiver. 40 Section 9.11 Authorization to Carry on Business 40 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 Default. 40 Section 9.13 Conflict of Interest 41 Section 9.14 Anti-Money Laundering 43 Laundering. 41 Section 9.14 9.15 Compliance with Privacy Code 43 Code. 41 Section 9.15 9.16 Securities Exchange Commission Certification 44Certification. 42 ARTICLE 10

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 43 Section 9.2 Rights and Duties of Warrant Agent 38 43 Section 9.3 Evidence, Experts and Advisers 38 44 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 45 Section 9.5 Actions by Warrant Agent to Protect Interest 40 45 Section 9.6 Warrant Agent Not Required to Give Security 40 46 Section 9.7 Protection of Warrant Agent 40 46 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 47 Section 9.9 Conflict of Interest 42 48 Section 9.10 Acceptance of Agency 42 48 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 49 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 49 Section 9.13 Anti-Money Laundering 43 49 Section 9.14 Compliance with Privacy Code 43 50 Section 9.15 Securities Exchange Commission Certification 4450

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Legislation. 38 Section 9.2 Rights and Duties of Warrant Agent Agent. 38 Section 9.3 Evidence, Experts and Advisers Advisers. 38 Section 9.4 Documents, Monies, etc. Held by Warrant Agent Agent. 39 Section 9.5 Actions by Warrant Agent to Protect Interest Interest. 40 Section 9.6 Warrant Agent Not Required to Give Security Security. 40 Section 9.7 Protection of Warrant Agent Agent. 40 Section 9.8 Replacement of Warrant Agent; Successor by Merger Merger. 41 Section 9.9 Conflict of Interest Interest. 42 Section 9.10 Acceptance of Agency Agency. 42 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 Receiver. 43 Section 9.12 Warrant Agent Not Required to Give Notice of Default Default. 43 Section 9.13 Anti-Money Laundering Laundering. 43 Section 9.14 Compliance with Privacy Code Code. 43 Section 9.15 Securities Exchange Commission Certification Certification. 44

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 50 Section 9.2 Rights and Duties of Warrant Agent 38 50 Section 9.3 Evidence, Experts and Advisers 38 51 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 52 Section 9.5 Actions by Warrant Agent to Protect Interest 40 53 Section 9.6 Warrant Agent Not Required to Give Security 40 53 Section 9.7 Protection of Warrant Agent 40 53 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 54 Section 9.9 Conflict of Interest 42 55 Section 9.10 Acceptance of Agency 42 56 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 56 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 56 Section 9.13 Anti-Money Laundering 43 56 Section 9.14 Compliance with Privacy Code 43 57 Section 9.15 Securities Exchange Commission Certification 4458

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Legislation. 39 Section 9.2 Rights and Duties of Warrant Agent 38 Agent. 39 Section 9.3 Evidence, Experts and Advisers 38 Advisers. 40 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 Agent. 41 Section 9.5 Actions by Warrant Agent to Protect Interest 40 Interest. 41 Section 9.6 Warrant Agent Not Required to Give Security 40 Security. 41 Section 9.7 Protection of Warrant Agent 40 Agent. 41 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Merger. 42 Section 9.9 Conflict of Interest 42 Interest. 43 Section 9.10 Acceptance of Agency 42 44 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 Receiver. 44 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 Default. 44 Section 9.13 Anti-Money Laundering 43 Section 9.14 Compliance with Privacy Code 43 Section 9.15 Securities Exchange Commission Certification Laundering. 44

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 30 Section 9.2 Rights and Duties of Warrant Agent 38 30 Section 9.3 Evidence, Experts and Advisers 38 30 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 31 Section 9.5 Actions by Warrant Agent to Protect Interest 40 31 Section 9.6 Warrant Agent Not Required to Give Security 40 31 Section 9.7 Protection of Warrant Agent 40 31 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Xxxxxx 32 Section 9.9 Conflict of Interest 42 33 Section 9.10 Acceptance of Agency 42 33 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 33 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 33 Section 9.13 Anti-Money Laundering 43 33 Section 9.14 Compliance with Privacy Code 43 34 Section 9.15 Securities Exchange Commission Certification 4434

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 44 Section 9.2 Rights and Duties of Warrant Agent 38 44 Section 9.3 Evidence, Experts and Advisers 38 45 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 46 Section 9.5 Actions by Warrant Agent to Protect Interest 40 46 Section 9.6 Warrant Agent Not Required to Give Security 40 47 Section 9.7 Protection of Warrant Agent 40 47 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 48 Section 9.9 Conflict of Interest 42 49 Section 9.10 Acceptance of Agency 42 49 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 49 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 50 Section 9.13 Anti-Money Laundering 43 50 Section 9.14 Compliance with Privacy Code 43 51 Section 9.15 Securities Exchange Commission Certification 4451

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Section 9.2 Rights and Duties of Warrant Agent 38 37 Section 9.3 Evidence, Experts and Advisers 38 37 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 38 Section 9.5 Actions by Warrant Agent to Protect Interest 40 38 Section 9.6 Warrant Agent Not Required to Give Security 40 39 Section 9.7 Protection of Warrant Agent 40 39 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 39 Section 9.9 Conflict of Interest 42 40 Section 9.10 Acceptance of Agency 42 41 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 41 Section 9.12 Authorization to Carry on Business 41 Section 9.13 Warrant Agent Not Required to Give Notice of Default 43 41 Section 9.13 9.14 Anti-Money Laundering 43 41 Section 9.14 9.15 Compliance with Privacy Code 43 42 Section 9.15 9.16 Securities Exchange Commission Certification 44Certification. 42

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Legislation. 46 Section 9.2 Rights and Duties of Warrant Agent 38 Agent. 46 Section 9.3 Evidence, Experts and Advisers 38 Advisers. 47 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 Agent. 48 Section 9.5 Actions by Warrant Agent to Protect Interest 40 Interest. 48 Section 9.6 Warrant Agent Not Required to Give Security 40 Security. 49 Section 9.7 Protection of Warrant Agent 40 Agent. 49 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Merger. 50 Section 9.9 Conflict of Interest 42 Section 9.10 Acceptance of Agency 42 51 Section 9.11 9.10 Warrant Agent Not to be Appointed Receiver 42 Receiver. 51 Section 9.12 9.11 Warrant Agent Not Required to Give Notice of Default 43 Default. 51 Section 9.13 9.12 Anti-Money Laundering 43 Laundering. 52 Section 9.14 9.13 Compliance with Privacy Code 43 Code. 52 Section 9.15 9.14 Securities Exchange Commission Certification 44Certification. 53

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Section 9.2 Rights and Duties of Warrant Agent 38 Section 9.3 Evidence, Experts and Advisers 38 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 Section 9.5 Actions by Warrant Agent to Protect Interest 40 39 Section 9.6 Warrant Agent Not Required to Give Security 40 39 Section 9.7 Protection of Warrant Agent 40 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Section 9.9 Conflict of Interest 42 Section 9.10 Acceptance of Agency 42 41 Section 9.11 9.10 Warrant Agent Not to be Appointed Receiver 42 41 Section 9.12 9.11 Warrant Agent Not Required to Give Notice of Default 43 42 Section 9.13 9.12 Anti-Money Laundering 43 42 Section 9.14 9.13 Compliance with Privacy Code 43 42 Section 9.15 9.14 Securities Exchange Commission Certification 4443

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Legislation. 36 Section 9.2 Rights and Duties of Warrant Agent 38 Agent. 36 Section 9.3 Evidence, Experts and Advisers 38 Advisers. 37 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 Agent. 37 Section 9.5 Actions by Warrant Agent to Protect Interest 40 Interest. 38 Section 9.6 Warrant Agent Not Required to Give Security 40 Security. 38 Section 9.7 Protection of Warrant Agent 40 Agent. 38 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 39 Section 9.9 Conflict of Interest 42 39 Section 9.10 Acceptance of Agency 42 40 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 Receiver. 40 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 Default. 40 Section 9.13 Anti-Money Laundering 43 Laundering. 40 Section 9.14 Compliance with Privacy Code 43 Code. 41 - iii - TABLE OF CONTENTS (continued) Page No. Section 9.15 Securities Exchange Commission Certification 44Certification. 41

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Legislation. 43 Section 9.2 Rights and Duties of Warrant Agent 38 43 Section 9.3 Evidence, Experts and Advisers 38 Advisers. 44 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 Agent. 45 Section 9.5 Actions by Warrant Agent to Protect Interest 40 Interest. 45 Section 9.6 Warrant Agent Not Required to Give Security 40 Security. 46 Section 9.7 Protection of Warrant Agent 40 Agent. 46 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Xxxxxx 47 Section 9.9 Conflict of Interest 42 48 Section 9.10 Acceptance of Agency 42 Agency. 48 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 Receiver. 48 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 Default. 48 Section 9.13 Anti-Money Laundering 43 Laundering. 49 Section 9.14 Compliance with Privacy Code 43 Code. 49 Section 9.15 Securities Exchange Commission Certification 44Certification. 50

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 35 Section 9.2 Rights and Duties of Warrant Agent 38 35 Section 9.3 Evidence, Experts and Advisers 38 36 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 36 Section 9.5 Actions by Warrant Agent to Protect Interest 40 37 Section 9.6 Warrant Agent Not Required to Give Security 40 37 Section 9.7 Protection of Warrant Agent 40 37 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Xxxxxx 38 Section 9.9 Conflict of Interest 42 38 Section 9.10 Acceptance of Agency 42 39 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 39 Section 9.12 Authorization to Carry on Business 39 Section 9.13 Warrant Agent Not Required to Give Notice of Default 43 39 Section 9.13 9.14 Anti-Money Laundering 43 39 Section 9.14 9.15 Compliance with Privacy Code 43 40 Section 9.15 9.16 Securities Exchange Commission Certification 44Certification. 40

Concerning the Warrant Agent. Section 9.1 Trust Warrant Indenture Legislation 37 Section 9.2 Rights and Duties of Warrant Agent 38 37 Section 9.3 Evidence, Experts and Advisers 38 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 Section 9.5 Actions by Warrant Agent to Protect Interest 40 39 Section 9.6 Warrant Agent Not Required to Give Security 40 39 Section 9.7 Protection of Warrant Agent 40 39 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Xxxxxx 40 Section 9.9 Conflict of Interest 42 Section 9.10 Acceptance of Agency 42 41 Section 9.11 9.10 Warrant Agent Not to be Appointed Receiver 42 41 Section 9.12 9.11 Warrant Agent Not Required to Give Notice of Default 43 41 Section 9.13 9.12 Anti-Money Laundering 43 41 Section 9.14 9.13 Compliance with Privacy Code 43 41 Section 9.15 9.14 Securities Exchange Commission Certification 4442

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Section 9.2 Rights and Duties of Warrant Agent 38 Section 9.3 Evidence, Experts and Advisers 38 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 Section 9.5 Actions by Warrant Agent to Protect Interest 40 39 Section 9.6 Warrant Agent Not Required to Give Security 40 39 Section 9.7 Protection of Warrant Agent 40 39 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Xxxxxx 40 Section 9.9 Conflict of Interest 42 41 Section 9.10 Acceptance of Agency 42 41 Section 9.11 Warrant Agent Not to be Appointed Receiver 41 Section 9.12 Authorization to Carry on Business 42 Section 9.12 9.13 Warrant Agent Not Required to Give Notice of Default 43 42 Section 9.13 9.14 Anti-Money Laundering 43 42 Section 9.14 9.15 Compliance with Privacy Code 43 42 Section 9.15 9.16 Securities Exchange Commission Certification 4443

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Legislation. 38 Section 9.2 Rights and Duties of Warrant Agent Agent. 38 Section 9.3 Evidence, Experts and Advisers 38 Advisers. 39 Section 9.4 Documents, Monies, etc. Held by Warrant Agent Agent. 39 Section 9.5 Actions by Warrant Agent to Protect Interest Interest. 40 Section 9.6 Warrant Agent Not Required to Give Security Security. 40 Section 9.7 Protection of Warrant Agent Agent. 40 Section 9.8 Replacement of Warrant Agent; Successor by Merger Merger. 41 Section 9.9 Conflict of Interest Interest. 42 Section 9.10 Acceptance of Agency 42 Agency. 43 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 Section 9.12 Receiver. 43 Warrant Agent Not Required to Give Notice of Default Default. 43 Section 9.13 Anti-Money Laundering Laundering. 43 Section 9.14 Compliance with Privacy Code 43 Code. 44 Section 9.15 Securities Exchange Commission Certification Certification. 44

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 46 Section 9.2 Rights and Duties of Warrant Agent 38 46 Section 9.3 Evidence, Experts and Advisers 38 47 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 48 Section 9.5 Actions by Warrant Agent to Protect Interest 40 48 Section 9.6 Warrant Agent Not Required to Give Security 40 48 Section 9.7 Protection of Warrant Agent 40 48 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 50 Section 9.9 Conflict of Interest 42 51 Section 9.10 Acceptance of Agency 42 51 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 51 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 52 Section 9.13 Anti-Money Laundering 43 52 Section 9.14 Compliance with Privacy Code 43 53 Section 9.15 Securities Exchange Commission Certification 4453

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 42 Section 9.2 Rights and Duties of Warrant Agent 38 42 Section 9.3 Evidence, Experts and Advisers 38 43 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 44 Section 9.5 Actions by Warrant Agent to Protect Interest 40 44 Section 9.6 Warrant Agent Not Required to Give Security 40 44 Section 9.7 Protection of Warrant Agent 40 45 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 46 Section 9.9 Conflict of Interest 42 Section 9.10 Acceptance of Agency 42 47 Section 9.11 9.10 Warrant Agent Not to be Appointed Receiver 42 47 Section 9.12 9.11 Warrant Agent Not Required to Give Notice of Default 43 47 Section 9.13 9.12 Anti-Money Laundering 43 47 Section 9.14 9.13 Compliance with Privacy Code 43 48 Section 9.15 9.14 Securities Exchange Commission Certification 4448

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 43 Section 9.2 Rights and Duties of Warrant Agent 38 43 Section 9.3 Evidence, Experts and Advisers 38 44 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 45 Section 9.5 Actions by Warrant Agent to Protect Interest 40 45 Section 9.6 Warrant Agent Not Required to Give Security 40 45 Section 9.7 Protection of Warrant Agent 40 46 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 47 Section 9.9 Conflict of Interest 42 48 Section 9.10 Acceptance of Agency 42 48 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 48 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 48 Section 9.13 Anti-Money Laundering 43 48 Section 9.14 Compliance with Privacy Code 43 49 Section 9.15 Securities Exchange Commission Certification 4449 ARTICLE 10

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 Section 9.2 Rights and Duties of Warrant Agent 38 37 Section 9.3 Evidence, Experts and Advisers 38 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 38 Section 9.5 Actions by Warrant Agent to Protect Interest 40 39 Section 9.6 Warrant Agent Not Required to Give Security 40 39 Section 9.7 Protection of Warrant Agent 40 39 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 40 Section 9.9 Conflict of Interest 42 40 Section 9.10 Acceptance of Agency 42 41 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 41 Section 9.12 Authorization to Carry on Business 41 Section 9.13 Warrant Agent Not Required to Give Notice of Default 43 41 Section 9.13 9.14 Anti-Money Laundering 43 41 Section 9.14 9.15 Compliance with Privacy Code 43 42 Section 9.15 9.16 Securities Exchange Commission Certification 4442

Concerning the Warrant Agent. Section 9.1 Trust Warrant Indenture Legislation 37 34 Section 9.2 Rights and Duties of Warrant Agent 38 35 Section 9.3 Evidence, Experts and Advisers 38 35 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 36 Section 9.5 Actions by Warrant Agent to Protect Interest 40 37 Section 9.6 Warrant Agent Not Required to Give Security 40 37 Section 9.7 Protection of Warrant Agent 40 37 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 38 Section 9.9 Conflict of Interest 42 39 Section 9.10 Acceptance of Agency 42 40 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 40 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 40 Section 9.13 Anti-Money Laundering 43 40 Section 9.14 Compliance with Privacy Code 43 Section 9.15 Securities Exchange Commission Certification 4441 - iii - TABLE OF CONTENTS

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 32 Section 9.2 Rights and Duties of Warrant Agent 38 32 Section 9.3 Evidence, Experts and Advisers 38 32 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 33 Section 9.5 Actions by Warrant Agent to Protect Interest 40 33 Section 9.6 Warrant Agent Not Required to Give Security 40 33 Section 9.7 Protection of Warrant Agent 40 34 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Xxxxxx 35 Section 9.9 Conflict of Interest 42 Section 9.10 Acceptance of Agency 42 35 Section 9.11 9.10 Warrant Agent Not to be Appointed Receiver 42 35 Section 9.12 9.11 Warrant Agent Not Required to Give Notice of Default 43 35 Section 9.13 9.12 Anti-Money Laundering 43 36 Section 9.14 9.13 Compliance with Privacy Code 43 36 Section 9.15 9.14 Securities Exchange Commission Certification 4437

Concerning the Warrant Agent. Section 9.1 Trust Indenture Legislation 37 41 Section 9.2 Rights and Duties of Warrant Agent 38 42 Section 9.3 Evidence, Experts and Advisers 38 42 Section 9.4 Documents, Monies, etc. Held by Warrant Agent 39 44 Section 9.5 Actions by Warrant Agent to Protect Interest 40 44 Section 9.6 Warrant Agent Not Required to Give Security 40 44 Section 9.7 Protection of Warrant Agent 40 44 Section 9.8 Replacement of Warrant Agent; Successor by Merger 41 Xxxxxx 46 Section 9.9 Conflict of Interest 42 47 Section 9.10 Acceptance of Agency 42 47 Section 9.11 Warrant Agent Not to be Appointed Receiver 42 47 Section 9.12 Warrant Agent Not Required to Give Notice of Default 43 47 Section 9.13 Anti-Money Laundering 43 48 Section 9.14 Compliance with Privacy Code 43 48 Section 9.15 Securities Exchange Commission Certification 4449