Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 38 contracts
Samples: Warrant Agreement (Cryoport, Inc.), Warrant Agreement (Cryoport, Inc.), Warrant Agreement (Path 1 Network Technologies Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under anything herein to the provisions of Section 21 hereofcontrary notwithstanding. In the case of Warrants which have been countersigned by the Warrant Agent, but not delivered at the time any such successor to the Warrant Agent shall succeed succeeds to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force and effect provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; , and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force and effect provided in the Warrant Certificates and in this Agreement.
Appears in 6 contracts
Samples: Warrant Agreement (North American Scientific Inc), Warrant Agreement (North American Scientific Inc), Warrant Agreement (Derma Sciences, Inc.)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which or company that may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any by merger or consolidation or otherwise to which the Warrant Agent shall be a party, or any corporation or company or otherwise succeeding to the corporate trust business of the Warrant Agent, Agent shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions provision of Section 21 hereofParagraph 14 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this AgreementAgreement or in case at any time the name of the Warrant Agent shall be changed, and any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any the successor to the Warrant Agent may countersign such Warrant Certificates Warrants, either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 6 contracts
Samples: Warrant Agreement (Soundworks International Inc), Warrant Agreement (Bio Aqua Systems Inc), Warrant Agreement (Bio Aqua Systems Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 16 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases such Warrant Certificates cases, Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 5 contracts
Samples: Warrant Agreement (Universal Medical Systems Inc), Warrant Agreement (Universal Medical Systems Inc), Warrant Agreement (Universal Medical Systems Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates warrant and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either Warrants whether in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 5 contracts
Samples: Warrant Agreement (Woodhaven Homes Inc), Warrant Agreement (Woodhaven Homes Inc), Warrant Agreement (Rampart Capital Corp)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation person or entity into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation person or entity resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation person or entity succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under anything herein to the provisions of Section 21 hereofcontrary notwithstanding. In the case of Warrants which have been countersigned by the Warrant Agent, but not delivered at the time any such successor to the Warrant Agent shall succeed succeeds to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force and effect provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; , and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force and effect provided in the Warrant Certificates and in this Agreement.
Appears in 5 contracts
Samples: Warrant Agreement (Auxilium Pharmaceuticals Inc), Form of Warrant Agreement (Critical Therapeutics Inc), Warrant Agreement (Critical Therapeutics Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into or company which may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from by any merger or consolidation or otherwise to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof17 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall have not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 4 contracts
Samples: Warrant Agreement (Play Co Toys & Entertainment Corp), North American (TTR Inc), Warrant Agreement (America First Associates Corp)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation Person into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust shareholder services business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto. If, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In case at the time such successor by merger or consolidation to the Warrant Agent shall succeed to the agency created by this Warrant Agreement, any of the Warrant Certificates Certificate shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates Certificate so countersigned; and in case if at that time any of the Warrant Certificates Certificate shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Certificate either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Certificate shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver such Warrant Certificates Certificate so countersigned; and in case if at that time any of the Warrant Certificates Certificate shall not have been countersignedcountersigned as provided in Section 3.4, the Warrant Agent may countersign such Warrant Certificates Certificate either in its prior name or in its changed name; and in all such cases such Warrant Certificates Certificate shall have the full force provided in the such Warrant Certificates Certificate and in this Warrant Agreement.
Appears in 4 contracts
Samples: Warrant Agreement, Warrant Agreement (Tribune Media Co), Warrant Agreement
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation Person into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In case If at the time such successor by merger or consolidation to the Warrant Agent shall succeed to the agency created by this Agreement, Warrant Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersignedcountersigned as provided in Section 3.3, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement.
Appears in 4 contracts
Samples: Warrant Agreement (Thermadyne Holdings Corp /De), Warrant Agreement (Thermadyne Holdings Corp /De), Warrant Agreement (Viasystems Group Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation corporation, company or other entity into which the Warrant Agent may be merged or amalgamated or with which it may be consolidated, or any corporation resulting from any merger merger, amalgamation, or consolidation to which the Warrant Agent shall be a party, or any corporation corporation, company or other entity succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation corporation, company or other entity would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 4 contracts
Samples: Warrant Agreement (Foster Wheeler Inc), Warrant Agreement (Foster Wheeler LTD), Warrant Agreement (Foster Wheeler Ag)
Merger or Consolidation or Change of Name of Warrant Agent. (a) Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof19 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and any of the Warrant Certificates certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates certificates so countersigned; and in case at that time any of the Warrant Certificates certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases the Warrants represented by such Warrant Certificates certificates shall have the full force provided in the Warrant Certificates certificates and in this Agreement. In case at any time the name of the Any such successor Warrant Agent shall be changed and at such time any promptly give notice of the Warrant Certificates shall have been countersigned but not delivered, the its succession as Warrant Agent may adopt to the countersignature under its prior name Company and deliver to the registered holder of each Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreementcertificate.
Appears in 4 contracts
Samples: Warrant Agreement (Ugly Duckling Corp), Warrant Agreement (Ugly Duckling Corp), Warrant Agreement (Ugly Duckling Corp)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation Person into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto. If, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In case at the time such successor by merger or consolidation to the Warrant Agent shall succeed to the agency created by this Warrant Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersignedcountersigned as provided in Section 3.4, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement.
Appears in 4 contracts
Samples: Warrant Agreement (New Federal-Mogul Corp), Warrant Agreement (Magellan Health Services Inc), Warrant Agreement (Magellan Health Services Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper instrument or agreement or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In the case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in the case that at that any time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In the case that at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 3 contracts
Samples: Warrant Agreement (Graymark Productions Inc), Warrant Agreement (Graymark Productions Inc), Unit and Warrant Agreement (Advantage Marketing Systems Inc/Ok)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 16 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; , and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases such cases, the Warrant Certificates shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; , and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; , and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 3 contracts
Samples: Warrant Agreement (Power Efficiency Corp), Warrant Agreement (R & R Ranching Inc), Warrant Agreement (Power Efficiency Corp)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation would must be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 13.3 hereof. In case If at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Warrant Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersignedcountersigned as provided in Section 3.3, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Chi Energy Inc), Warrant Agreement (Consolidated Hydro Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation or entity into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation or entity resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation or entity succeeding to the corporate trust shareholder services business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation or entity would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 18 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Macneal Schwendler Corp), Warrant Agreement (MSC Software Corp)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which or company that may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any by merger or consolidation or otherwise to which the Warrant Agent shall be a party, or any corporation or company or otherwise succeeding to the corporate trust business of the Warrant Agent, Agent shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof14 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this AgreementAgreement or in case at any time the name of the Warrant Agent shall be changed, and any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any the successor to the Warrant Agent may countersign such Warrant Certificates Warrants, either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 2 contracts
Samples: J) Warrant Agreement (Medstrong International Corp), Form of Warrant Agreement (Avangard Capital Group, Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper instrument or agreement or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In the case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in the case that at that any time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In the case that at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Advantage Marketing Systems Inc/Ok), Warrant Agreement (Advantage Marketing Systems Inc/Ok)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the stock transfer or corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or of filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 16 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (House of Fabrics Inc/De/), House of Fabrics Inc/De/
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to substantially all of the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 15 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all any such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Vimrx Pharmaceuticals Inc), Warrant Agreement (Vimrx Pharmaceuticals Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation or other entity into which the Warrant Agent or any successor Warrant Agent may be merged or with which it may be consolidated, or any corporation or other entity resulting from any merger or consolidation to which the Warrant Agent or any successor Warrant Agent shall be a party, or any corporation or other entity succeeding to the corporate trust or stock transfer business of the Warrant Agent or any successor Warrant Agent, shall be the successor to the Warrant Agent hereunder under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation or other entity would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 17 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates so countersigned; and and, in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Certificate either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed changed, and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and and, in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Forstmann Little & Co Sub Debt & Eq MGMT Buyout Par Vii Lp), Warrant Agreement (McLeodusa Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which or company that may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any by merger or consolidation or otherwise to which the Warrant Agent shall be a party, or any corporation or company or otherwise succeeding to the corporate trust business of the Warrant Agent, Agent shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereofthis Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this AgreementAgreement or in case at any time the name of the Warrant Agent shall be changed, and any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any the successor to the Warrant Agent may countersign such Warrant Certificates Warrants, either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Searchhelp Inc), Warrant Agreement (Marc Pharmaceuticals Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereofss.15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either Warrants whether in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (New Frontier Media Inc /Co/), Warrant Agreement (Westower Corp)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either Warrants whether in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Aarica Holdings Inc), Warrant Agreement (Starlight Entertainment Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any ---------------------------------------------------------- corporation into which or company that may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any by merger or consolidation or otherwise to which the Warrant Agent shall be a party, or any corporation or company or otherwise succeeding to the corporate trust business of the Warrant Agent, Agent shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions provision of Section 21 hereofParagraph 14 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this AgreementAgreement or in case at any time the name of the Warrant Agent shall be changed, and any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any the successor to the Warrant Agent may countersign such Warrant Certificates Warrants, either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Nei Webworld Inc), Warrant Agreement (Nei Webworld Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof16 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and any of the Warrant Certificates certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates certificates so countersigned; and in case at that time any of the Warrant Certificates certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases the Warrants represented by such Warrant Certificates certificates shall have the full force provided in the Warrant Certificates certificates and in this Agreement. Any such successor Warrant Agent shall promptly give notice of its succession as Warrant Agent to the Company and to the registered holder of each Warrant certificate. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates certificates so countersigned; and in case at that time any of the Warrant Certificates certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates certificates either in its prior name or in its changed name; and in all such cases the Warrants represented by such Warrant Certificates certificates shall have the full force provided in the Warrant Certificates certificates and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Bonso Electronics International Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation would must be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 13.3 hereof. In case If at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Warrant Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned as provided in Section 3.3 but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation entity into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation entity resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation entity succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation entity would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, and if any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. The surviving Warrant Agent (if not the original Warrant Agent) or the original Warrant Agent (in the event of a name change) shall, at its expense, promptly cause to be mailed (by first class mail, postage prepaid) to each holder of then outstanding Warrants at such holder's last address as shown on the register of the Trust maintained by the Warrant Agent, notices of the succession or name change as the case may be.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate corporation trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 14 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force be fully valid and effective as provided in the Warrant Certificates therein and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force be fully valid and effective as provided in the Warrant Certificates therein and in this Agreement. SECTION 14.
Appears in 1 contract
Samples: Warrant Agreement (Streamlogic Corp)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation Person into which the Warrant Agent or any successor Warrant Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Warrant Agent or any successor Warrant Agent shall be a party, or any corporation Person succeeding to the corporate trust business of the Warrant Agent or any successor Warrant Agent, shall be the successor to the Warrant Agent hereunder under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation Person would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof20. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (American Standard Companies Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent or any successor Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be or any successor Warrant Agent is a party, or any corporation succeeding to the corporate trust business of the Warrant Agent or any successor Warrant Agent, shall will be the successor to the Warrant Agent hereunder under this Agreement without the execution or of filing of any paper or any further act on the part of any of the parties heretoto this Agreement, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof17. In case If at the time such a successor to the Warrant Agent shall succeed succeeds to the agency created by this Agreement, Agreement any of the Warrant Certificates shall have been countersigned but not delivered, any such the successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such the countersigned Warrant Certificates so countersignedCertificates; and in case if at that time any of the Warrant Certificates shall have not have been countersigned, any successor to the Warrant Agent may countersign such the Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such those cases such the Warrant Certificates shall will have the full force provided in the Warrant Certificates and in on this Agreement. In case If at any time the name of the Warrant Agent shall be is changed and at such that time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver the countersigned Warrant Certificates so countersignedCertificates; and in case if at that time any of the Warrant Certificates shall have not have been countersigned, the Warrant Agent may countersign such the Warrant Certificates either in its prior name or in its changed name; and in all such those cases such the Warrant Certificates shall will have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 24 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent warrant agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent warrant agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. The provisions of this Section 22 shall also apply to any agent appointed pursuant to Section 5 hereof.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof16 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and any of the Warrant Certificates certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such New Warrant Certificates certificates so countersigned; and in case at that time any of the New Warrant Certificates certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such New Warrant Certificates certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases the New Warrants represented by such New Warrant Certificates certificates shall have the full force provided in the New Warrant Certificates certificates and in this Agreement. In case at any time the name of the Any such successor Warrant Agent shall be changed and at such time any promptly give notice of the Warrant Certificates shall have been countersigned but not delivered, the its succession as Warrant Agent may adopt to the countersignature under its prior name Company and deliver to the registered holder of each Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreementcertificate.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to substantially all of the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 16 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; countersigned and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, ; any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all any such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; countersigned and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, ; the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Unitrode Corp)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which or company that may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any by merger or consolidation or otherwise to which the Warrant Agent shall be a party, or any corporation or company or otherwise succeeding to the corporate trust business of the Warrant Agent, Agent shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided however, that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereofParagraph 14 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this AgreementAgreement or in case at any time the name of the Warrant Agent shall be changed, and any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any the successor to the Warrant Agent may countersign such Warrant Certificates Warrants, either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into or company which may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from by any merger or consolidation or otherwise to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, party shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof17 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; , and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent warrant agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent warrant agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, or the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed namename prior to their delivery; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Medaphis Corp)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 15 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature counter-signature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into or company which may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from by any merger or consolidation or otherwise to which the Warrant Agent shall be a party, or any corporation or company succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 17 hereof. In case case, at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature counter-signature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant AgentWarrants; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Warrant Agency Agreement (Paradigm Medical Industries Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any ---------------------------------------------------------- corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate corporation trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without without, other than prompt written notice to the Company with respect thereto, the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 15 hereof. In case any of the Warrant Certificates shall have been countersigned but not delivered at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentits name; and in all such cases such Warrant Certificates shall have the full force be fully valid and effective as provided in the Warrant Certificates therein and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force be fully valid and effective as provided in the Warrant Certificates therein and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Vencor Inc /New/)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Advantage Marketing Systems Inc/Ok)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, and shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 15 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent or any successor Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent or any successor Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent or any successor Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof17. In case the event at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates so countersigned; and in case the event at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. 13 In case the event at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case the event at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent or any successor Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent or any successor Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent or any successor Warrant Agent, shall be the successor to the Warrant Agent hereunder under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof21. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Bj Services Co)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate corporation trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 16 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any ---------------------------------------------------------- corporation into which the Warrant Agent Agent, or any successor Warrant Agent, may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent Agent, or any successor Warrant Agent, shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, or any successor Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof22. In case If at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; , and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent or any successor Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent or any successor Warrant Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Warrant Agent or any successor Warrant Agent, shall be the successor to the Warrant Agent hereunder under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 17 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates so countersigned; and and, in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Certificate either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed changed, and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and and, in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Accelacorp 1 Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation Person into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation Person resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust shareholder services business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto. If, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. In case at the time such successor by merger or consolidation to the Warrant Agent shall succeed to the agency created by this Warrant Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersignedcountersigned as provided in Section 3.4, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof14 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Warranty Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either Warrants whether in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to substantially all of the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 16 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all any such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereofss.15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, and if any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Common Stock Warrant Agreement (Wells Fargo & Co/Mn)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 16 hereof. In case If at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Pactrust Bancorp Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into or company which may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from by any merger or consolidation or otherwise to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof17 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 22 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent warrant agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent warrant agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. The provisions of this Section 20 shall also apply to any agent appointed pursuant to Section 3 hereof.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either Warrants whether in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, hereto provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof16 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and any of the Warrant Certificates certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates certificates so countersigned; , and in case at that time any of the Warrant Certificates certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases the Warrants represented by such Warrant Certificates certificates shall have the full force provided in the Warrant Certificates certificates and in this Agreement. Any such successor Warrant Agent shall promptly give notice of its succession as Warrant Agent to the Company and to the registered holder of each Warrant certificate. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates certificates so countersigned; and , and, in case at that time any of the Warrant Certificates certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates certificates either in its prior name or in its changed name; and , and, in all such cases cases, the Warrants represented by such Warrant Certificates certificates shall have the full force provided in the Warrant Certificates certificates and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Checkers Drive in Restaurants Inc /De)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation entity into which the Warrant Agent or any successor Warrant Agent may be merged or with which it may be consolidated, or any corporation entity resulting from any merger or consolidation to which the Warrant Agent shall be or any successor Warrant Agent is a party, or any corporation entity succeeding to the corporate trust business of the Warrant Agent or any successor Warrant Agent, shall be the successor to the Warrant Agent hereunder under this Agreement without the execution or filing of any paper amendment or any further act on the part of any of the parties hereto, provided that such corporation entity would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof12. In case at the time such successor Warrant Agent succeeds to the Warrant Agent shall succeed to the agency agent created by this Agreement, any of the Warrant Certificates shall have been countersigned counter-signed but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates so countersignedcounter-signed; and in case at that time any of the Warrant Certificates shall have not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be is changed and at such time any of the Warrant Certificates shall have been countersigned counter-signed but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersignedcounter-signed; and in case at that time any of the Warrant Certificates shall have not have been countersignedcounter-signed, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, and if any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Uhc Capital I)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation would must be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 15.3 hereof. In case If at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Warrant Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement. 15.2.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation would must be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 15.3 hereof. In case If at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Warrant Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, and if any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent Agent, and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force farce provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Common Stock Warrant Agreement (Star Banc Corp /Oh/)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 16 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all any such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Apria Healthcare Group Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 22 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust shareholder services business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 16 hereof. In case at the time such successor to the Warrant Warrants Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been so countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either Warrants whether in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Jacor Communications Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereofSection15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either Warrants whether in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Rcontest Com Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 section 16 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates N Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates N Warrants so countersigned; , and in case at that time any of the Warrant Certificates N Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates N Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; , and in all such cases such cases, the N Warrant Certificates shall have the full force provided in the Warrant Certificates N Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates N Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates N Warrants so countersigned; , and in case at that time any of the Warrant Certificates N Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates N Warrants either in its prior name or in its changed name; , and in all such cases such Warrant Certificates N Warrants shall have the full force provided in the Warrant Certificates N Warrants and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Foreland Corp)
Merger or Consolidation or Change of Name of Warrant Agent. (a) Any ---------------------------------------------------- ----- corporation into which the Warrant Agent or any successor Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be or any successor Warrant Agent is a party, or any corporation succeeding to the corporate trust business of the Warrant Agent or any successor Warrant Agent, shall will be the successor to the Warrant Agent hereunder under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that -------- such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof6.5. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, and in case at that time any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersignedAgent; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor to the Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force effect provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Arch Communications Group Inc /De/)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation would must be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 14.3 hereof. In case If at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Warrant Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust transfer agent and related business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided that such corporation would must be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof. In case 13.3 hereof if at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Warrant Agreement any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement. In case If at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants so countersigned; and in case if at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Warrant Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate corporation trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 14 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force be fully valid and effective as provided in the Warrant Certificates therein and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force be fully valid and effective as provided in the Warrant Certificates therein and in this Agreement.
Appears in 1 contract
Samples: Confidential Warrant Agreement
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 11 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor successors to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver Warrant Certificates such Warrants as so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases cases, such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Simba Group Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate corporation trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 15 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force be fully valid and effective as provided in the Warrant Certificates therein and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature countersignatures under its prior name and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force be fully valid and effective as provided in the Warrant Certificates therein and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into or company which may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from by any merger consolidation or consolidation otherwise to which the Warrant Agent shall be a party, or any corporation or company succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions provision of Section 21 17 hereof. In case case, at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant AgentWarrants; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent or any successor Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent or any successor Warrant Agent shall be a party, or any corporation succeeding to the corporate trust or stock transfer business of the Warrant Agent or any successor Warrant Agent, shall be the successor to the Warrant Agent hereunder under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 18 hereof. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates so countersigned; and and, in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Certificate either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed changed, and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and and, in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof§15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, and if any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Equity Securities Warrant Agreement (USB Capital XII)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into or company which may succeed to the business of the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from by any merger or consolidation or otherwise to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any nay paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof17 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall have not have been countersigned, the Warrant Agent may countersign such Warrant Certificates Warrants either in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates Warrants so countersigned; and in case cas at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates Warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either Warrants whether in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent or any successor Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent or any successor Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent or any successor Warrant Agent, shall be the successor to the Warrant Agent hereunder under this Agreement without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent Warrant Agent under the provisions of Section 21 hereof20. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original predecessor Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Petrofina Delaware Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof. hereof In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, any of the Warrant Certificates shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agent; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates so countersigned; and in case at that time any of the Warrant Certificates shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either in its prior name or in its changed name; and in all such cases such Warrant Certificates shall have the full force provided in the Warrant Certificates and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Compumed Inc)
Merger or Consolidation or Change of Name of Warrant Agent. Any corporation into which the Warrant Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Warrant Agent shall be a party, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such corporation would be eligible for appointment as a successor warrant agent under the provisions of Section 21 hereof15 of this Agreement. In case at the time such successor to the Warrant Agent shall succeed to the agency created by this Agreement, Agreement and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, any such successor to the Warrant Agent may adopt the countersignature of the original Warrant Agent and deliver such Warrant Certificates warrants so countersigned; and in case at that the time any of the Warrant Certificates Warrants shall not have been countersigned, any successor to the Warrant Agent may countersign such Warrant Certificates Warrants either in the name of the predecessor Warrant Agent or in the name of the successor Warrant Agentwarrant agent; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the warrant Warrant Certificates and in this Agreement. In case at any time the name of the Warrant Agent shall be changed and at such time any of the Warrant Certificates Warrants shall have been countersigned but not delivered, the Warrant Agent may adopt the countersignature under its prior name and deliver Warrant Certificates warrants so countersigned; and in case at that time any of the Warrant Certificates Warrants shall not have been countersigned, the Warrant Agent may countersign such Warrant Certificates either Warrants whether in its prior name or in its changed name; and in all such cases such Warrant Certificates Warrants shall have the full force provided in the Warrant Certificates Warrants and in this Agreement.
Appears in 1 contract
Samples: Warrant Agreement (Holloman Corp)
