Common use of Issuance of Warrants Warrant Certificates Clause in Contracts

Issuance of Warrants Warrant Certificates. The Warrants will be issued in global form (the “Global Warrants”), substantially in the form of Exhibit A (including as footnoted) and in definitive form (the “Definitive Warrants”), substantially in the form of Exhibit A (not including as footnoted). Each Global Warrant shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the depositary with respect to the Global Warrants (the “Depositary”) in accordance with instructions given by the Holder thereof. The Depository Trust Company shall act as the Depositary until a successor shall be appointed by the Company and the Warrant Agent. Upon request, a Holder may receive from the Depositary and the Warrant Agent separate Definitive Warrants as set forth in Section 6 below. Any certificates (the “Warrant Certificates”) evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto.

Appears in 2 contracts

Samples: Warrant Agreement (Abovenet Inc), Warrant Agreement (Abovenet Inc)

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Issuance of Warrants Warrant Certificates. The Warrants ------------------------------------------ will be issued in the form of one or more global form certificates (the "Global Warrants"), substantially in the form of Exhibit A (including as footnotedfootnotes 1 and 2 thereto). The Global Warrants shall be deposited on the Issue Date with, or on behalf of, The Depositary Trust Company (the "Depositary") and in definitive form (the “Definitive Warrants”), substantially registered in the form name of Exhibit A (not including Cede & Co., as footnoted)the Depositary's nominee. Each Global Warrant shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the depositary with respect to the Global Warrants (the “Depositary”) in accordance with instructions given by the Holder thereof. The Depository Trust Company shall act as the Depositary until a successor shall be appointed by the Company and the Warrant Agent. Upon request, a Holder may receive from the Depositary and the Warrant Agent separate Warrants in definitive form (the "Definitive Warrants Warrants"), substantially in the form of Exhibit A (not including footnotes 1 and 2 thereto) as set forth in Section 6 7 below. Any certificates (the "Warrant Certificates") evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto.

Appears in 1 contract

Samples: Warrant Agreement (Concentric Network Corp)

Issuance of Warrants Warrant Certificates. The Warrants will be issued in global form (the "Global Warrants"), substantially in the form of Exhibit A (including as footnoted) and in definitive form (the "Definitive Warrants"), substantially in the form of Exhibit A (not including as footnoted). A. Each Global Warrant shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the depositary with respect to the Global Warrants (the "Depositary") in accordance with instructions given by the Holder thereof. The Depository Trust Company shall act as the Depositary until a successor shall be appointed by the Company and the Warrant Agent. Upon request, a Holder may receive from the Depositary and the Warrant Agent separate Definitive Warrants as set forth in Section 6 7 below. Any certificates (the "Warrant Certificates") evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto.

Appears in 1 contract

Samples: Warrant Agreement (Orbital Imaging Corp)

Issuance of Warrants Warrant Certificates. The Warrants will be issued in global form (the “Global Warrants”"GLOBAL WARRANTS"), substantially in the form of Exhibit A (including as footnotedfootnotes 1 and 2 thereto) and in definitive form (the “Definitive Warrants”"DEFINITIVE WARRANTS"), substantially in the form of Exhibit A (not including as footnoted). A. Each Global Warrant shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the depositary with respect to the Global Warrants (the "Depositary") in accordance with written instructions given by the Holder thereof. The Depository Trust Company shall act as the Depositary until a successor shall be appointed by the Company and the Warrant Agent. Upon written request, a Holder may receive from the Depositary and the Warrant Agent separate Definitive Warrants as set forth in Section 6 7 below. Any certificates (the “Warrant Certificates”"WARRANT CERTIFICATES") evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto.

Appears in 1 contract

Samples: Warrant Agreement (Park N View Inc)

Issuance of Warrants Warrant Certificates. The Warrants will be issued issued, as instructed by the Company in writing on or prior to the date of issuance pursuant to Section 5 hereof, in the form of (i) one or more global form certificates (Each a "Global Warrant" and collectively the "Global Warrants") substantially in the form of Exhibit A attached hereto (including footnote 1 thereto), and (ii) one or more warrants in the form of definitive certificates (each a "Definitive Warrant" and collectively the "Definitive Warrants"), substantially in the form of Exhibit A (including as footnoted) and in definitive form (the “Definitive Warrants”), substantially in the form of Exhibit A attached hereto (not including footnote 1 thereto). The Global Warrants shall be deposited on the date of issuance (which shall be the Exercisability Date) or as footnoted)soon as practicable thereafter with, or on behalf of, The Depository Trust Company (the "Depositary") and registered in the name of Cede & Co., as the Depositary's nominee. Each Global Warrant shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the depositary with respect to the Global Warrants (the “Depositary”) in accordance with instructions given by the Holder thereof. The Depository Trust Company shall act as the Depositary until a successor shall be appointed by the Company and the Warrant Agent. Upon request, a Holder that holds Warrants through the Depositary may receive from the Depositary and the Warrant Agent separate Definitive Warrants as set forth in Section 6 below. The initial Definitive Warrants shall also be issued on the date of issuance (which shall be the Exercisability Date) or as soon as practicable thereafter, and promptly thereafter shall be delivered by U.S. mail by the Warrant Agent to the holders thereof to the addresses specified in accordance with the written instructions of the Company. Any certificates (each a "Warrant Certificate" and collectively the "Warrant Certificates") evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto.

Appears in 1 contract

Samples: Warrant Agreement (Hvide Marine Inc)

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Issuance of Warrants Warrant Certificates. The Warrants will be issued in the form of one or more global form certificates (the "Global Warrants"), substantially in the form of Exhibit A A. The Global Warrants shall be deposited on the Issue Date with, or on behalf of, The Depository Trust Company (including as footnotedthe "Depositary") and in definitive form (the “Definitive Warrants”), substantially registered in the form name of Exhibit A (not including Cede & Co., as footnoted)the Depositary's nominee. Each Global Warrant shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the depositary with respect to the Global Warrants (the “Depositary”) in accordance with instructions given by the Holder thereof. The Depository Trust Company shall act as the Depositary until a successor shall be appointed by the Company and the Warrant Agent. Upon request, a Holder may receive from the Depositary and the Warrant Agent separate Warrants in definitive form (the "Definitive Warrants Warrants"), substantially in the form of Exhibit A (not including footnotes 1 and 2 thereto) as set forth in Section 6 7 below. Any certificates (the "Warrant Certificates") evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto.

Appears in 1 contract

Samples: Warrant Agreement (Bell Technology Group LTD)

Issuance of Warrants Warrant Certificates. The Warrants will be issued in the form of one or more global form certificates (the "Global Warrants"), substantially in the form of Exhibit A (including as footnotedfootnote 1 thereto). The Global Warrants shall be deposited on the Issue Date with, or on behalf of, The Depositary Trust Company (the "Depositary") and in definitive form (the “Definitive Warrants”), substantially registered in the form name of Exhibit A (not including Cede & Co., as footnoted)the Depositary's nominee. Each Global Warrant shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the depositary with respect to the Global Warrants (the “Depositary”) in accordance with instructions given by the Holder thereof. The Depository Trust Company shall act as the Depositary until a successor shall be appointed by the Company and the Warrant Agent. Upon request, a Holder may receive from the Depositary and the Warrant Agent separate Warrants in definitive form (the "Definitive Warrants Warrants"), substantially in the form of Exhibit A (not including footnote 1 thereto) as set forth in Section 6 7 below. Any certificates (the "Warrant Certificates") evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto.

Appears in 1 contract

Samples: Warrant Agreement (Telehub Communications Corp)

Issuance of Warrants Warrant Certificates. The Warrants will be issued in the form of one or more global form certificates (Each a "Global Warrant" and collectively the "Global Warrants"), substantially in the form of Exhibit A attached hereto (including footnote 1 thereto). The Global Warrants shall be deposited on the date of issuance (which shall be the Effective Date of the Plan, as footnotedthat term is defined therein, or as soon as practicable thereafter) with, or on behalf of, The Depository Trust Company (the "Depositary") and in definitive form (the “Definitive Warrants”), substantially registered in the form name of Exhibit A (not including Cede & Co., as footnoted)the Depositary's nominee. Each Global Warrant shall represent such of the outstanding Warrants as shall be specified therein and each shall provide that it shall represent the aggregate amount of outstanding Warrants from time to time endorsed thereon and that the aggregate amount of outstanding Warrants represented thereby may from time to time be reduced or increased, as appropriate. Any endorsement of a Global Warrant to reflect the amount of any increase or decrease in the amount of outstanding Warrants represented thereby shall be made by the Warrant Agent and the depositary with respect to the Global Warrants (the “Depositary”) in accordance with instructions given by the Holder thereof. The Depository Trust Company shall act as the Depositary until a successor shall be appointed by the Company and the Warrant Agent. Upon request, a Holder may receive from the Depositary and the Warrant Agent separate Warrants in definitive form (each a "Definitive Warrants Warrant" and collectively the "Definitive Warrants"), substantially in the form of Exhibit A attached hereto (not including footnote 1 thereto) as set forth in Section 6 below. Any certificates (each a "Warrant Certificate" and collectively the "Warrant Certificates") evidencing the Global Warrants or the Definitive Warrants to be delivered pursuant to this Warrant Agreement shall be substantially in the form set forth in Exhibit A attached hereto.

Appears in 1 contract

Samples: Warrant Agreement (Hvide Marine Inc)

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