SEPARATION OF WARRANTS; TERMS OF WARRANTS; EXERCISE OF WARRANTS. (a) The Notes and Warrants will not be separately transferable prior to the close of business of the earlier of (i) ____________, 1997, (ii) a Change in Control (as defined in the indenture relating to the Notes) of the Company and (iii) such date as the underwriters in the Offering may, in their discretion, deem appropriate (the "Separation Date"), at which time such Warrants shall become separately transferable. Subject to the terms of this Agreement, each Warrant holder shall have the right, which may be exercised during the period commencing at the opening of business on ________, 1997 and until 5:00 p.m., New York City time on _______, 2007 (the "Exercise Period"), to receive from the Company the number of fully paid and nonassessable Warrant Shares which the holder may at the time be entitled to receive on exercise of such Warrants and payment of the exercise price (the "Exercise Price") then in effect for such Warrant Shares; provided that holders shall be able to exercise their Warrants only if a registration statement relating to the Warrant Shares is then if effect, or the exercise of such Warrants is exempt from the registration requirements of the Securities Act of 1933, as amended (the "Securities Act"), and such securities are qualified for sale or exempt from qualification under the applicable securities laws of the states in which the various holders of the Warrants or other persons to whom it is proposed that the Warrant Shares be issued on exercise of the Warrants reside. Each holder may exercise its right, during the Exercise Period, to receive Warrant Shares on a net basis, such that, without the exchange of any funds, the holder receives that number of Warrant Shares otherwise issuable (or payable) upon exercise of its Warrants less that number of Warrant Shares having an aggregate fair market value (as defined) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid by the holder of the Warrant Shares. For purposes of the foregoing sentence, "fair market value" of the Warrant Shares will be determined in good faith by the Board of Directors of the Company as of the date of any such exercise. Each Warrant not exercised prior to 5:00 p.m., New York City time, on _______, 2007 (the "Expiration Date") shall become void and all rights thereunder and all rights in respect thereof under this agreement shall cease as of such time. No adjustments as to dividends will be made upon exercise of the Warran...
SEPARATION OF WARRANTS; TERMS OF WARRANTS; EXERCISE OF WARRANTS. (a) The Notes and Warrants will not be separately transferable until the Separation Date. Each Warrant not exercised prior to 5:00 p.m., New York City time, on March [__], 2025 (the “Expiration Date”) shall become void and all rights thereunder and all rights in respect thereof under this agreement shall cease as of such time.
SEPARATION OF WARRANTS; TERMS OF WARRANTS; EXERCISE OF WARRANTS. (a) The Senior PIK Notes and Warrants will be immediately separated upon sale by the Initial Purchaser.
SEPARATION OF WARRANTS; TERMS OF WARRANTS; EXERCISE OF WARRANTS. (a) The Notes and Warrants will be immediately separated upon sale by the Initial Purchaser.
SEPARATION OF WARRANTS; TERMS OF WARRANTS; EXERCISE OF WARRANTS. (a) The Notes and Warrants will not be separately transferable until the Separation Date. The Company shall provide written notice to the Warrant Agent upon the occurrence of the Separation Date. The Warrant Agent shall not be deemed to have any knowledge of the occurrence of such Separation Date until it receives such notice from the Company. On the Separation Date, the Unit Legend shall be deemed removed from the Warrant, or face of Unit, and, whether or not such Unit Legend is actually removed, each Warrant shall be deemed automatically separated from the associated Note and may be transferred separately from such Note. Each Warrant not exercised prior to 5:00 p.m., New York City time, on November 15, 2018 (the “Expiration Date”) shall become void and all rights thereunder and all rights in respect thereof under this agreement shall cease as of such time.
SEPARATION OF WARRANTS; TERMS OF WARRANTS; EXERCISE OF WARRANTS. 11 Section 4.01 Terms Of Warrants; Exercise Of Warrants 11 Section 4.02 Conditional Exercise 14 Section 4.03 Opinion of Counsel 14 Section 4.04 Change of Control 14 Section 4.05 Cost Basis Information 14
SEPARATION OF WARRANTS; TERMS OF WARRANTS; EXERCISE OF WARRANTS. Section 4.01 Terms Of Warrants; Exercise Of Warrants9 Section 4.02 Conditional Exercise11 Section 4.03 Opinion of Counsel12 Section 4.04 Change of Control12 Article 5. Covenants Of The Company Section 5.01 Maintenance Of Office Or Agency12
SEPARATION OF WARRANTS; TERMS OF WARRANTS; EXERCISE OF WARRANTS. Section 4.01Terms Of Warrants; Exercise Of Warrants.
SEPARATION OF WARRANTS; TERMS OF WARRANTS; EXERCISE OF WARRANTS. (a) The Notes and Warrants will not be separately transferable until the Separation Date. Subject to the terms of this Agreement, each Warrant holder shall have the right, which may be
SEPARATION OF WARRANTS; TERMS OF WARRANTS; EXERCISE OF WARRANTS. The Preferred Stock and Warrants will be separately transferable as of the date hereof. Subject to the terms of this Agreement, each Warrant holder shall have the right, which may be exercised commencing on or after the date of issuance and until 5:00 p.m., New York City time, on May 1, 2011 (the "Expiration Date"), to receive from the Company upon the exercise of each Warrant the number of fully paid and nonassessable Warrant Shares which the holder may at the time be entitled to receive on exercise of such Warrants and payment of the Exercise Price (as defined) for such Warrant Shares. Each Warrant not exercised prior to the Expiration Date shall become void and all rights thereunder and all rights in respect thereof under this Agreement shall cease as of such time. No adjustments as to dividends will be made upon exercise of the Warrants.
