Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, except for Warrant Certificates delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued Warrant Certificates and as may be necessary to reflect the adjustments required by Section 5. (b) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.4. (c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the Board, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before delivery thereof, such Warrant Certificates may, nevertheless, be issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Sources: Warrant Agreement (Us Concrete Inc)
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 2,631,579 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign (by manual or facsimile signature) and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a separate corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or facsimile signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person Person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person Person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person Person was not such an officer.
Appears in 1 contract
Sources: Warrant Agreement (Denbury Inc)
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, except for Warrant Certificates delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued Warrant Certificates and as may be necessary to reflect the adjustments required by Section 5.
(bi) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Investor Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant and delivered to the provisions of Warrant Agent for countersignature, and the Warrant Agent shall, when, as and if directed by the Company in writing, countersign and deliver such Warrant Certificates to the respective Persons entitled thereto, as specified by the Company. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.42(b), Section 2(c), Section 3(b)(iii), Section 4(a), Section 9(a), Section 10.
(cii) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by any of the Chairman (or any Co-Chairman) of the Board, the Chief Executive Officer, the President Chief Financial Officer or any one of the Executive Vice Presidents, Senior Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries Vice Presidents of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 787,855 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Sections 2.2(b), 3.2(d), 5 and as may be necessary to reflect the adjustments required by Section 57.
(b) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant and delivered to the provisions Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates to the Company for original issuance to the respective Persons entitled thereto, as specified by the Company. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.42.3 or by Sections 2.2, 3.2(d), 5, 7 or 12.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by any of the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President Chief Financial Officer or any one of the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Warrant Agreement any such person was not such an officer.
(d) Upon the request of the Company, the Warrant Agent shall cause any Warrant Certificate issued upon original issuance to bear the legends set forth in Sections 2.4(a) and (e), the Warrants evidenced thereby constituting “Original Restricted Warrants’” for purposes of Section 2.4.
(e) Upon Company Order, the Warrant Agent shall (i) register the Warrant Certificates in the Warrant Register and (ii) upon receipt of the Warrant Certificates duly executed on behalf of the Company, countersign such Warrant Certificates evidencing Warrants and shall deliver such Warrant Certificates to the Holder thereof, as specified by the Company. A Warrant Certificate shall be, and shall remain, subject to the provisions of this Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. No Warrant Certificate shall be valid for any purpose, and no Warrant evidenced thereby shall be exercisable, until such Warrant Certificate has been countersigned by the manual signature of the Warrant Agent.
Appears in 1 contract
Sources: Warrant Agreement (Aventine Renewable Energy Holdings Inc)
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 2,894,740 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign (by manual or facsimile signature) and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a separate corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or facsimile signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person Person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person Person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person Person was not such an officer.
Appears in 1 contract
Sources: Warrant Agreement (Denbury Inc)
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, except for Warrant Certificates delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued Warrant Certificates and as may be necessary to reflect the adjustments required by Section 5.
(bi) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant and delivered to the provisions of Warrant Agent for countersignature, and the Warrant Agent shall, when, as and if directed by the Company, countersign and deliver such Warrant Certificates to the respective Persons entitled thereto, as specified by the Company. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.42(b), Section 2(c), Section 3(b)(iii), Section 4(a), Section 9(a), Section 10.
(cii) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by any of the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President Chief Financial Officer or any one of the Executive Vice Presidents, Senior Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries Vice Presidents of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Warrant Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, __________ Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.42.1, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents or officers of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually manually, by electronic signature or by facsimile signature printed thereon. The Warrant Certificates shall be manually countersigned by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Sources: Warrant Agreement (Audacy, Inc.)
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 2,907,845 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign (by manual or electronic signature) and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile electronic signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or electronic signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, except for Warrant Certificates delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued Warrant Certificates and as may be necessary to reflect the adjustments required by Section 5.
(b) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant and delivered to the provisions Warrant Agent for countersignature, and the Warrant Agent shall, upon receipt of a Company Order and at the direction of the Company set forth therein, countersign and deliver such Warrant Certificates to the Company for original issuance to the respective Persons entitled thereto. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.42.3 or by Sections 2.2, 3.2(d), 7 or 9.
(cb) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman Chairperson (or any Co-ChairmanChairperson) of the Board, the Chief Executive Officer or Treasurer (each, an “Appropriate Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon ”) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile or electronic signature printed thereon. The Warrant Certificates shall be manually countersigned by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Warrant Agreement any such person was not such an officer.
Appears in 1 contract
Sources: Warrant Agreement (Internap Corp)
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 3,888,888 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign (by manual or electronic signature) and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President Officer or any one of the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile electronic signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or electronic signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 1,621,622 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign (by manual or facsimile signature) and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a separate corporate seal) and attested to by the Corporate Secretary or one of the Assistant Corporate Secretaries of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or facsimile signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person Person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person Person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person Person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Series A Warrant Certificates evidencing the Warrants which 498,688 Series A Warrants, each Series A Warrant to purchase initially one share of Class D Common, may be delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrantsexecuted, except for Warrant Certificates delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued Warrant Certificates and as may be necessary to reflect the adjustments required by Section 5.
(b) At any time and from time to time on or after the date of this Warrant Agreement, Warrant Certificates evidencing the Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant and delivered to the provisions Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Series A Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer, President, Chief Financial Officer, any Vice President or other duly authorized executive officer. The Warrant Agent is hereby authorized to countersign and deliver Series A Warrant Certificates as required by this Section 2.4.
(c) 2 or by Section 3.2, 4 or 11 hereof. The Series A Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the its Chairman (or any Co-Chairman) of the Board, the Chief Executive Officer, the President, Chief Financial Officer, any Vice President or any one of the Vice Presidents other duly authorized executive officer of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. The Series A Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any of the Series A Warrant Certificates Certificate shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Series A Warrant Certificates may, nevertheless, Certificate may nevertheless be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer or director of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 2,580,182 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be manually countersigned by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 ________ Warrants, except for Warrant Certificates delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued Warrant Certificates and as may be necessary to reflect the adjustments required by Section 5.
(b) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.4.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the Board, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before and delivery thereof, such Warrant Certificates may, nevertheless, be issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Series B Warrant Certificates evidencing the Warrants which 523,557 Series B Warrants, each Series B Warrant to purchase initially one share of Class E Common, may be delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrantsexecuted, except for Warrant Certificates delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued Warrant Certificates and as may be necessary to reflect the adjustments required by Section 5.
(b) At any time and from time to time on or after the date of this Warrant Agreement, Warrant Certificates evidencing the Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant and delivered to the provisions Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Series B Warrant Certificates upon the order and at the written direction of the Company signed by its Chief Executive Officer, President, Chief Financial Officer, any Vice President or other duly authorized executive officer. The Warrant Agent is hereby authorized to countersign and deliver Series B Warrant Certificates as required by this Section 2.4.
(c) 2 or by Section 3.2, 4 or 11 hereof. The Series B Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the its Chairman (or any Co-Chairman) of the Board, the Chief Executive Officer, the President, Chief Financial Officer, any Vice President or any one of the Vice Presidents other duly authorized executive officer of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. The Series B Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any of the Series B Warrant Certificates Certificate shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Series B Warrant Certificates may, nevertheless, Certificate may nevertheless be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer or director of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 10,919,499 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(e), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(e), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary Secretary, the Treasurer or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or facsimile signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which 460,800 Warrants, each Warrant to purchase initially 0.21785 Common Shares, may be delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrantsexecuted, except for Warrant Certificates delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued Warrant Certificates and as may be necessary to reflect the adjustments required by Section 5.
(b) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant and delivered to the provisions Warrant Agent for countersignature, and the Warrant Agent shall thereupon countersign and deliver such Warrant Certificates upon the order and at the written direction of the Company signed by its Chairman of the Board, Vice Chairman of the Board, President, Chief Operating Officer, Chief Financial Officer or Chief Executive Officer to the purchasers thereof on the date of issuance. The Warrant Agent is hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.4.
(c) 2.3 or by Section 3.3, Article VI or Article VIII hereof. The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the its Chairman (or any Co-Chairman) of the Board, Vice Chairman of the Board, President, Chief Operating Officer, Chief Financial Officer or Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries of the Company, Officer either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned by manual signature of the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer or director of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer or director of the Company before countersignature by the Warrant Agent and the issuance and delivery thereof, such Warrant Certificates may, nevertheless, may nevertheless be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer or director of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, an aggregate number of 3,068,182 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of of, transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates and as may be necessary to reflect the adjustments required by Section 5.
(b) At any time and from time to time on or after the date of pursuant this Agreement, Warrant Certificates evidencing the Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.4.
(c) . The Warrant Certificates shall be executed executed, either by manual or facsimile signature, in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the Board, the its Chief Executive Officer, the President President, Chief Financial Officer, Treasurer, or any one of the Vice Presidents of the Company Assistant Treasurer under corporate seal reproduced thereon and attested to by the Secretary or one of the any Assistant Secretaries Secretary of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or facsimile signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Sources: Warrant Agreement (Genasys Inc.)
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 1,453,942 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign (by manual or electronic signature) and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile electronic signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or electronic signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, except for Warrant Certificates delivered pursuant to Sections 2.4, 3.2(dc), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued Warrant Certificates and as may be necessary to reflect the adjustments required by Section 5.
(bi) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant and delivered to the provisions of Warrant Agent for countersignature, and the Warrant Agent shall, when, as and if directed by the Company in writing , countersign and deliver such Warrant Certificates to the respective Persons entitled thereto, as specified by the Company. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2.42(b), Section 2(c), Section 3(b)(iii), Section 4(a), Section 9(a), Section 10.
(cii) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by any of the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President Chief Financial Officer or any one of the Executive Vice Presidents, Senior Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries Vice Presidents of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Warrant Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 3,402,709 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign (by manual or electronic signature) and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile electronic signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or electronic signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 800,000 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or facsimile signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 1,555,555 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign (by manual or electronic signature) and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President Officer or any one of the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile electronic signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or electronic signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 72,000 Warrants, except for Warrant Certificates delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued Warrant Certificates and as may be necessary to reflect the adjustments required by Section 5.
(b) At any time and from time to time on or after the date of this Agreement, Warrant Certificates evidencing the Warrants may be executed and delivered by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.4.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the Board, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before and delivery thereof, such Warrant Certificates may, nevertheless, be issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 1,701,376 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(d), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign (by manual or electronic signature) and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(d), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon (if the Company has a corporate seal) and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile electronic signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or electronic signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 11,800,000 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Section 2.4, Section 3.2(e), Section 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Section 2.4, Section 3.2(e), Section 6 or Section 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the BoardBoard of Directors, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary Secretary, the Treasurer or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned, either by manual or facsimile signature, by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
Appears in 1 contract
Execution and Delivery of Warrant Certificates. (a) Warrant Certificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing 200,000 Warrants, 5,645,200 Warrants except for Warrant Certificates countersigned and delivered pursuant to Sections 2.4, 3.2(d), 6 and 8 upon registration of transfer of, or in exchange for, or in lieu of, one or more previously issued countersigned Warrant Certificates pursuant to Sections 2.4, 3.2(d), 6 and as may be necessary to reflect the adjustments required by Section 58.
(b) At any time The Warrant Agent is hereby authorized to countersign and from time to time on or after the date of this Agreement, deliver Warrant Certificates evidencing the Warrants may be executed and delivered as required by the Company for issuance upon transfer of Warrants pursuant to the provisions of Section 2.1 or by Sections 2.4, 3.2(d), 6 or 8.
(c) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by the Chairman (or any Co-Chairman) of the Board, the Chief Executive Officer, the President or any one of the Vice Presidents of the Company under corporate seal reproduced thereon and attested to by the Secretary or one of the Assistant Secretaries of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be manually countersigned by the Warrant Agent and shall not be valid for any purpose unless so countersigned. In case any officer of the Company whose signature shall have been placed upon any of the Warrant Certificates shall cease to be such officer of the Company before countersignature by the Warrant Agent and issue and delivery thereof, such Warrant Certificates may, nevertheless, be countersigned by the Warrant Agent and issued and delivered with the same force and effect as though such person had not ceased to be such officer of the Company, and any Warrant Certificate may be signed on behalf of the Company by such person as, at the actual date of the execution of such Warrant Certificate, shall be a proper officer of the Company, although at the date of the execution of this Agreement any such person was not such an officer.
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