Common use of Issuance of Warrant Certificates Clause in Contracts

Issuance of Warrant Certificates. Each Warrant Certificate shall evidence one or more Warrants. Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase such numbers of Shares as are set forth in the Warrant Agreement. The number of Warrants which may be issued and delivered under this Agreement is unlimited. There shall be established in or pursuant to a resolution of the Board of Directors of the Company or any duly authorized committee thereof or established in one or more warrant agreements supplemental hereto, prior to the issuance of any Warrants: the designation of such Warrants; if the Warrants are issued together as a unit with any other securities of the Company, the date after which the Warrants shall be freely tradable separately from such other securities (the "Distribution Date"); if the Company may at its option or under circumstances described therein provide for an earlier Distribution Date; the expiration date, pursuant to Section 2.2; the exercise price and any form of consideration other than lawful money of the United States of America by which the exercise price may be paid pursuant to Section 2.1; the Call Price, Call Date and Call Terms pursuant to Section 3.4; the limitations, if any, upon the Reduced Warrant Price and the Reduced Warrant Price Period, pursuant to Section 3.5; the circumstances, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustment.

Issuance of Warrant Certificates. Each Warrant Certificate shall evidence one or more Warrants. Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase such numbers number of Shares as are set forth in the Warrant Agreement. The number of Warrants which may be issued and delivered under this Agreement is unlimited. There shall be established in or pursuant to a resolution of the Board of Directors of the Company or any duly authorized committee thereof or established in one or more warrant agreements supplemental hereto, prior to the issuance of any Warrants: the designation of such Warrants; if the Warrants are issued together as a unit with any other securities of the Company, the date after which the Warrants shall be freely tradable separately from such other securities (the "“Distribution Date"”); if the Company may at its option or under circumstances described therein provide for an earlier Distribution Date; the expiration date, pursuant to Section 2.2; the exercise price and any form of consideration other than lawful money of the United States of America by which the exercise price may be paid pursuant to Section 2.1; the Call Price, Call Date and Call Terms pursuant to Section 3.4; the limitations, if any, upon the Reduced Warrant Price and the Reduced Warrant Price Period, pursuant to Section 3.5; the circumstances, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustment.

Issuance of Warrant Certificates. Each Warrant Certificate shall evidence one or more Warrants. Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase such numbers of Shares as are a Debt Security in the principal amount set forth in the Warrant Agreement. The number of Warrants which may be issued and delivered under this Agreement is unlimited. There shall be established in or pursuant to a resolution of the Board of Directors of the Company or any duly authorized committee thereof or established in one or more warrant agreements supplemental hereto, prior to the issuance of any Warrants: the designation of such Warrantsthe Debt Securities for which the Debt Securities Warrant are exercisable; if the Warrants are issued together as a unit with any other securities of the CompanyCompany and, if so, the date after which the Warrants shall be freely tradable separately from such other securities (the "“Distribution Date"); ”) and if the Company may at its option or under circumstances described therein provide for an earlier Distribution Date; the expiration date, exercise periods and the Expiration Date pursuant to Section 2.2; the exercise Warrant Price and purchase price of the warrants and any form of consideration other than lawful money of the United States of America by which the exercise Warrant Price and purchase price of the warrants may be paid pursuant to Section 2.1; the Call Price, Call Date and Call Terms pursuant to Section 3.4; 3.4 and the limitations, if any, upon the Reduced Warrant Price and the Reduced Warrant Price Period, Period pursuant to Section 3.5; 3.5 the circumstancescovenants of the Company, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustment.

Issuance of Warrant Certificates. Each Warrant Certificate shall evidence one or more Warrants. Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase such numbers of Shares as are a Debt Security in the principal amount set forth in the Warrant Agreement. The number of Warrants which may be issued and delivered under this Agreement is unlimited. There shall be established in or pursuant to a resolution of the Board of Directors of the Company or any duly authorized committee thereof or established in one or more warrant agreements supplemental hereto, prior to the issuance of any Warrants: the designation of such Warrantsthe Debt Securities for which the Debt Securities Warrant are exercisable; if the Warrants are issued together as a unit with any other securities of the CompanyCompany and, if so, the date after which the Warrants shall be freely tradable separately from such other securities (the "Distribution Date"); ) and if the Company may at its option or under circumstances described therein provide for an earlier Distribution Date; the expiration date, exercise periods and the Expiration Date pursuant to Section 2.2; the exercise Warrant Price and purchase price of the warrants and any form of consideration other than lawful money of the United States of America by which the exercise Warrant Price and purchase price of the warrants may be paid pursuant to Section 2.1; the Call Price, Call Date and Call Terms pursuant to Section 3.4; 3.4 and the limitations, if any, upon the Reduced Warrant Price and the Reduced Warrant Price Period, Period pursuant to Section 3.5; 3.5 the circumstancescovenants of the Company, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustment.

Issuance of Warrant Certificates. Each Warrant Certificate shall evidence one or more Warrants. Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase such numbers number of Shares as are set forth in the Warrant Agreement. The number of Warrants which may be issued and delivered under this Agreement is unlimited. There shall be established in or pursuant to a resolution of the Board of Directors of the Company or any duly authorized committee thereof or established in one or more warrant agreements supplemental hereto, prior to the issuance of any Warrants: the designation of such Warrants; if the Warrants are issued together as a unit with any other securities of the Company, the date after which the Warrants shall be freely tradable separately from such other securities (the "Distribution Date"); if the Company may at its option or under circumstances described therein provide for an earlier Distribution Date; the expiration date, pursuant to Section 2.2; the exercise price and any form of consideration other than lawful money of the United States of America by which the exercise price may be paid pursuant to Section 2.1; the Call Price, Call Date and Call Terms pursuant to Section 3.4; the limitations, if any, upon the Reduced Warrant Price and the Reduced Warrant Price Period, pursuant to Section 3.5; the circumstances, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustment.

Issuance of Warrant Certificates. Each Warrant Certificate shall evidence one or more Warrants. Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase such numbers of Shares as are set forth in the Warrant Agreement. The number of Warrants which may be issued and delivered under this Agreement is unlimited. There shall be established in or pursuant to a resolution of the Board of Directors of the Company or any duly authorized committee thereof or established in one or more warrant agreements supplemental hereto, prior to the issuance of any Warrants: the designation of such Warrants; if the Warrants are issued together as a unit with any other securities of the Company, the date after which the Warrants shall be freely tradable separately from such other securities (the "“Distribution Date"”); if the Company may at its option or under circumstances described therein provide for an earlier Distribution Date; the expiration date, pursuant to Section 2.2; the exercise price and any form of consideration other than lawful money of the United States of America by which the exercise price may be paid pursuant to Section 2.1; the Call Price, Call Date and Call Terms pursuant to Section 3.4; the limitations, if any, upon the Reduced Warrant Price and the Reduced Warrant Price Period, pursuant to Section 3.5; the circumstances, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustment.

Issuance of Warrant Certificates. Each No later than three (3) business days following the exercise of any Warrant Certificate and the clearance of the funds in payment of the Warrant Price pursuant to Section 3.3.1 or cashless exercise pursuant to Section 3.3.2, the Company shall evidence one issue, or more Warrants. Each cause to be issued, in uncertificated or book-entry form through the Warrant evidenced thereby shall represent Agent and/or deliver electronically through the right, subject facilities of The Depository Trust Company or other book-entry depositary system to the provisions contained herein Registered Holder of such Warrant (or at the option of the Registered Holder, issue a certificate or certificates representing) the number of full shares of Common Stock to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it, and, if such Warrant shall not have been exercised or surrendered in full, a new countersigned Warrant for the number of shares as to which such Warrant shall not have been exercised or surrendered. Notwithstanding the foregoing, the Company shall not deliver, or cause to be delivered, any securities without applicable restrictive legend pursuant to the exercise of a Warrant unless (a) a registration statement under the Securities Act with respect to the shares of Common Stock issuable upon exercise of such Warrants is effective and therein, a current prospectus relating to purchase such numbers the Common Stock issuable upon exercise of Shares as are set forth the Warrants is available for delivery to the Registered Holder of the Warrant or (b) in the Warrant Agreement. The number opinion of Warrants which may be issued and delivered under this Agreement is unlimited. There shall be established in or pursuant counsel to a resolution of the Board of Directors of the Company or any duly authorized committee thereof or established in one or more warrant agreements supplemental hereto, prior to the issuance of any Warrants: the designation of such Warrants; if the Warrants are issued together as a unit with any other securities of the Company, the date after exercise of the Warrants is exempt from the registration requirements of the Securities Act and such securities are qualified for sale or exempt from qualification under applicable securities laws of the states or other jurisdictions in which the Registered Holder resides. Warrants shall may not be freely tradable separately from exercised by, or securities issued to, any Registered Holder in any state in which such other securities (the "Distribution Date"); if exercise or issuance would be unlawful. In addition, in no event will the Company may at its option be obligated to pay such Registered Holder any cash consideration upon exercise or under circumstances described therein provide for an earlier Distribution Date; otherwise “net cash settle” the expiration date, pursuant to Section 2.2; the exercise price and any form of consideration other than lawful money of the United States of America by which the exercise price may be paid pursuant to Section 2.1; the Call Price, Call Date and Call Terms pursuant to Section 3.4; the limitations, if any, upon the Reduced Warrant Price and the Reduced Warrant Price Period, pursuant to Section 3.5; the circumstances, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustmentWarrant.

Issuance of Warrant Certificates. Each A warrant certificate (a "Warrant Certificate Certificate") shall evidence one or more Warrants. Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase such numbers of Shares as are a Debt Security in the principal amount set forth in the Warrant Agreement. The number of Warrants which may be issued and delivered under this Agreement is unlimited. There shall be established in or pursuant to a resolution of the Board of Directors of the Company or any duly authorized committee thereof or established in one or more warrant agreements Warrant Agreements supplemental hereto, prior to the issuance of any Warrants: the purchase price of the Warrants; the designation of such Warrantsthe Debt Securities for which the Warrants are exercisable; if whether the Warrants are issued together as a unit with any other securities of the Company, the date after which the such Warrants shall be freely tradable separately from such other securities (the "Distribution Date"); ) and if the Company may at its option or under circumstances described therein provide for an earlier Distribution Date; the expiration date, Expiration Date pursuant to Section 2.2; the exercise price Exercise Price and any form of consideration other than lawful money of the United States of America by which the exercise price Exercise Price may be paid pursuant to Section 2.1; the Call Price, Call Date and Call Terms pursuant to Section 3.4; 3.4 and the limitations, if any, upon the Reduced Warrant Exercise Price and the Reduced Warrant Exercise Price Period, Period pursuant to Section 3.5; and the circumstancescovenants of the Company, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustment.

Issuance of Warrant Certificates. Each Warrant Certificate shall evidence one or more Warrants. Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase such numbers of Shares as are set forth in the related Warrant Agreement. The number of Warrants which may be issued and delivered under this Agreement is unlimited. There shall be established in or pursuant to a resolution of the Board of Directors of the Company or any duly authorized committee thereof or established in one or more warrant agreements supplemental hereto, prior to the issuance of any Warrants: the designation of such Warrants; if the Warrants are issued together as a unit with any other securities of the Company, the date after which the Warrants shall be freely tradable separately from such other securities (the "Distribution Date"); if the Company may at its option or under circumstances described therein provide for an earlier Distribution Date; the expiration date, pursuant to Section 2.2; the exercise price and any form of consideration other than lawful money of the United States of America by which the exercise price may be paid pursuant to Section 2.1; the Call Price, Call Date and Call Terms pursuant to Section 3.4; the limitations, if any, upon the Reduced Warrant Price and the Reduced Warrant Price Period, pursuant to Section 3.5; the circumstances, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustment.

Issuance of Warrant Certificates. Each A warrant certificate (a "Warrant Certificate Certificate") shall evidence one or more Warrants. Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase such numbers number of Shares as are set forth in the Warrant Agreement. The number of Warrants which may be issued and delivered under this Agreement is unlimited. There shall be established in or pursuant to a resolution of the Board of Directors of the Company or any duly authorized committee thereof or established in one or more warrant agreements Warrant Agreements supplemental hereto, prior to the issuance of any Warrants: the purchase price of the Warrants; the designation of such Warrantsthe Shares for which the Warrants are exercisable; if whether the Warrants are issued together as a unit with any other securities of the Company, the date after which the such Warrants shall be freely tradable separately from such other securities (the "Distribution Date"); ) and if the Company may at its option or under circumstances described therein provide for an earlier Distribution Date; the expiration date, Expiration Date pursuant to Section 2.2; the exercise price Exercise Price and any form of consideration other than lawful money of the United States of America by which the exercise price Exercise Price may be paid pursuant to Section 2.1; the Call Price, Call Date and Call Terms pursuant to Section 3.4; the limitations, if any, upon the Reduced Warrant Exercise Price and the Reduced Warrant Exercise Price Period, Period pursuant to Section 3.5; the circumstances, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustment; and the covenants of the Company, if any.

Issuance of Warrant Certificates. Each Warrant Certificate shall evidence one or more Warrants. Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase such numbers number of Shares as are set forth in the Warrant Agreement. The number of Warrants which may be issued and delivered under this Agreement is unlimited. There shall be established in or pursuant to a resolution of the Board of Directors of the Company or any duly authorized committee thereof or established in one or more warrant agreements supplemental hereto, prior to the issuance of any Warrants: the designation of such Warrants; if the Warrants are issued together as a unit with any other securities of the Company, the date after which the Warrants shall be freely tradable separately from such other securities (the "Distribution Date"); if the Company may at its option or under circumstances described therein provide for an earlier Distribution Date; the expiration date, pursuant to Section 2.2; the exercise price and any form of consideration other than lawful money of the United States of America by which the exercise price may be paid paid, pursuant to Section 2.1; the Call Price, Call Date and Call Terms Terms, pursuant to Section 3.4; and the limitations, if any, upon the Reduced Warrant Price and the Reduced Warrant Price Period, pursuant to Section 3.5; the circumstances, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustment.

Issuance of Warrant Certificates. Each (a) On the terms and subject to the conditions of this Warrant Certificate Agreement and in accordance with the terms of the Plan, on the Effective Date, Warrants to purchase the Warrant Shares will be issued by the Company to all holders of the Allowed Senior Notes Claims, on a pro rata basis, based upon the proportion that the outstanding principal amount of Senior Notes held by such holder bears to the total outstanding principal amount of Senior Notes. The Warrants shall evidence be issued in the form of one or more Warrantsglobal certificates, substantially in the form set forth in Exhibit A hereto (the "Warrant Certificates"), with the forms of election to exercise and of assignment printed on the reverse thereof, in substantially the form set forth in Exhibits B and C attached hereto. Each The Warrant evidenced thereby shall represent the rightCertificates may bear such appropriate insertions, deletions, omissions, substitutions and other variations as are required or permitted by this Warrant Agreement, and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with any law or with any rules made pursuant thereto or with any rules of any securities exchange, or, subject to the provisions contained herein terms and thereinconditions hereof, as may be determined to purchase be proper and advisable by the officers executing such numbers Warrant Certificates, such determination to be conclusively evidenced by their execution of Shares the Warrant Certificates. The maximum number of shares of Common Stock issuable pursuant to the Warrants shall be 1,481,055 shares, as are set forth in the such amount may be adjusted from time to time pursuant to this Warrant Agreement. The number of Warrants which may be issued and delivered under this Agreement is unlimited. There Company shall be established promptly notify the Warrant Agent in or pursuant to a resolution writing upon the occurrence of the Board of Directors of Effective Date and, if such notification is given orally, the Company shall confirm the same in writing on or any duly authorized committee thereof or established in one or more warrant agreements supplemental hereto, prior to the issuance of any Warrants: Business Day next following. Until such notice is received by the designation of such Warrants; if the Warrants are issued together as a unit with any other securities of the CompanyWarrant Agent, the date after which Warrant Agent may presume conclusively for all purposes that the Warrants shall be freely tradable separately from such other securities (the "Distribution Date"); if the Company may at its option or under circumstances described therein provide for an earlier Distribution Date; the expiration date, pursuant to Section 2.2; the exercise price and any form of consideration other than lawful money of the United States of America by which the exercise price may be paid pursuant to Section 2.1; the Call Price, Call Effective Date and Call Terms pursuant to Section 3.4; the limitations, if any, upon the Reduced Warrant Price and the Reduced Warrant Price Period, pursuant to Section 3.5; the circumstances, if any, under which the Exercise Price and the number of Shares purchasable upon the exercise of each Warrant and the number of Warrants outstanding are subject to adjustment and the manner of making any such adjustmenthas not occurred.