Common use of No Obligation of the Warrant Agent Clause in Contracts

No Obligation of the Warrant Agent. (i) Other than with respect to its own fraud, gross negligence, bad faith or willful misconduct, the Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Unit Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Unit Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Unit Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Warrant Agreement (Central European Media Enterprises LTD), Warrant Agreement (Central European Media Enterprises N.V.)

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No Obligation of the Warrant Agent. (i) Other than with respect to its own fraud, gross negligence, bad faith or willful misconductmisconduct (each as determined by a final judgment of a court of competent jurisdiction), the Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any ownership interest in the Unit Warrants or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Unit Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Unit Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.

Appears in 2 contracts

Samples: Warrant Agreement (Sears Holdings Corp), Warrant Agreement (Sears Holdings Corp)

No Obligation of the Warrant Agent. (i) Other than with respect to its own fraud, gross negligence, bad faith or willful misconduct, the The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Unit Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice (including any notice of redemption) or the payment of any amount, under or with respect to such Unit Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Unit Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant Warrants shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Warrant and Unit Agreement (Commercial Vehicle Group, Inc.)

No Obligation of the Warrant Agent. (i) Other than with respect to its own fraud, gross negligence, bad faith or willful misconduct, the The Warrant Agent shall have no responsibility or obligation to any beneficial owner of a beneficial interest in a Global Warrant, any Agent Member or other Person with respect to the accuracy of the records of the Depositary or its nominee or of any participant or member thereof, with respect to any beneficial ownership interest in the Unit Warrants represented by such Global Warrant or with respect to the delivery to any Agent Member, beneficial owner or other Person (other than the Depositary) of any notice or the payment of any amount, under or with respect to such Unit Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Unit Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary or its nominee in the case of a Global Warrant). The Except as set forth herein, the rights of owners of beneficial owners interests in any Global Warrant shall be exercised only through the Depositary subject to the applicable rules and procedures of the Depositary. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Warrant Agreement (DIEBOLD NIXDORF, Inc)

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No Obligation of the Warrant Agent. (i) Other than with respect to its own fraud, gross negligence, bad faith or willful misconduct, the Warrant Agent shall have no responsibility or obligation to any beneficial owner of a Global Warrant, any Agent Member a member of, or a participant in the Depository or other Person with respect to the accuracy of the records of the Depositary Depository or its nominee or of any participant or member thereof, with respect to any ownership interest in the Unit Warrants or with respect to the delivery to any Agent Memberparticipant, member, beneficial owner or other Person (other than the DepositaryDepository) of any notice or the payment of any amount, under or with respect to such Unit Warrants. All notices and communications to be given to the Holders and all payments to be made to Holders under the Unit Warrants shall be given or made only to or upon the order of the registered Holders (which shall be the Depositary Depository or its nominee in the case of a Global Warrant). The rights of beneficial owners in any Global Warrant shall be exercised only through the Depositary Depository subject to the applicable rules and procedures of the DepositaryDepository. The Warrant Agent may rely and shall be fully protected in relying upon information furnished by the Depositary Depository with respect to its members, participants and any beneficial owners.

Appears in 1 contract

Samples: Warrant Agreement (Hutchinson Technology Inc)

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