Common use of Temporary Warrant Certificates Clause in Contracts

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 7 contracts

Samples: Warrant Agreement (Transportation Technologies Industries Inc), Warrant Agreement (Diva Systems Corp), Warrant Agreement (Verio Inc)

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Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and and, upon receipt of an authentication order in accordance with Section 1.04 hereof, the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and and, upon receipt of an authentication order in accordance with Section 1.04 hereof, the Warrant Agent shall authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 6 contracts

Samples: Warrant Agreement (Syntroleum Corp), Warrant Agreement (Syntroleum Corp), Warrant Agreement (Packaged Ice Inc)

Temporary Warrant Certificates. Pending the preparation of the definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that the purpose pursuant to Section 1.10 1.11 hereof. Subject to the provisions of Section 4.01 4.1 hereof, such exchange shall be without charge to the holderHolder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder Holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Warrant Agreement as a holder Holder of a definitive Warrant Certificate.

Appears in 5 contracts

Samples: Warrant Agreement (Discovery Zone Inc), Warrant Agreement (Discovery Zone Inc), Warrant Agreement (CSS Trade Names Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company, the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates Certificate in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates Certificate may determinedetermine as appropriate, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof__________________], such exchange shall be without charge to the holderholders. Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 4 contracts

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

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced with the execution thereof by their execution of such Warrant Certificatesofficers conclusively evidencing such determination. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof], such exchange shall be without charge to the holderHolder (as defined in Section 1.6 below). Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 3 contracts

Samples: Warrant Agreement (Sherwin Williams Co), Warrant Agreement (Walt Disney Co/), Warrant Agreement (Dc Holdco Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, execute and the Warrant Agent shall authenticate and deliver, deliver temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced with the execution thereof by their execution of such Warrant Certificatesofficers conclusively evidencing such determination. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereofCompany, such exchange shall be without charge to the holderHolder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate execute and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 3 contracts

Samples: Warrant Agreement (Weeks Corp), Warrant Agreement (Weeks Corp), Warrant Agreement (Weeks Corp)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 1.09 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 3 contracts

Samples: Warrant Agreement (Orius Corp), Warrant Agreement (Scovill Holdings Inc), Warrant Agreement (Transtechnology Corp)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, which Certificates that are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers officer executing such Warrant Certificates may determine, as evidenced by their his execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof______________, such exchange shall be without charge to the holderHolder, as defined in Section 1.6 hereof. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, execute and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Stock Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 3 contracts

Samples: Stock Warrant Agreement (Cccisg Capital Trust), Stock Warrant Agreement (Keyspan Trust Iii), Stock Warrant Agreement (Keyspan Trust I)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company, the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates Certificate in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof_____________________], such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 3 contracts

Samples: Warrant Agreement (Dayton Hudson Corp), Warrant Agreement (Fingerhut Companies Inc), Debt Warrant Agreement (Digital Microwave Corp /De/)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant CertificatesDefinitive Warrants, the Company may execute, and upon the order of the Company the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, which Certificates that are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, substantially of the tenor of the definitive Warrant Certificates Definitive Warrants in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers officer executing such Warrant Certificates may determine, as evidenced by their such officer's execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates Definitive Warrants to be prepared without unreasonable delay. After the preparation of definitive Warrant CertificatesDefinitive Warrants, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates Definitive Warrants upon surrender of the temporary Warrant Certificates at any the corporate trust office or agency maintained by of the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereofWarrant Agent, such exchange shall be without charge to the holderHolder thereof. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, execute and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Warrant Certificates therefor Definitive Warrants representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Warrant Agreement as a holder of a definitive Warrant CertificateDefinitive Warrants.

Appears in 3 contracts

Samples: Warrant Agreement (Washington Mutual Capital Trust 2001), Warrant Agreement (Indymac Bancorp Inc), Warrant Agreement (Indymac Bancorp Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate shall, upon written request of the Company, countersign and delivermake available for delivery, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the The Company will cause promptly execute and deliver to the Warrant Agent definitive Warrant Certificates to be prepared without unreasonable delayCertificates. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 8 hereof. Subject to the provisions of Section 4.01 6(h) hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 2 contracts

Samples: Warrant Agreement (General Electric Co), Warrant Agreement (General Electric Co)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced with the execution thereof by their execution of such Warrant Certificatesofficers conclusively evidencing such determination. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof____________], such exchange shall be without charge to the holderHolder (as defined in Section 1.6 below). Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 2 contracts

Samples: Warrant Agreement (Walt Disney Co/), Warrant Agreement (Sherwin Williams Co)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company Corporation may execute, and upon the order of the Corporation the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced with the execution thereof by their execution of such Warrant Certificatesofficers conclusively evidencing such determination. If temporary Warrant Certificates are issued, the Company Corporation will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof], such exchange shall be without charge to the holderHolder (as defined in Section 1.6 below). Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company Corporation shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 2 contracts

Samples: Warrant Agreement (First State Bancorporation), Warrant Agreement (Plum Creek Timber Co Inc)

Temporary Warrant Certificates. Pending the preparation of ------------------------------ definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate shall, upon written request of the Company, countersign and delivermake available for delivery, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the The Company will cause promptly execute and deliver to the Warrant Agent definitive Warrant Certificates to be prepared without unreasonable delayCertificates. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 8 hereof. Subject to the provisions of Section 4.01 6(h) hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 2 contracts

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

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced with the execution thereof by their execution of such Warrant Certificatesofficers conclusively evidencing such determination. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof________], such exchange shall be without charge to the holderHolder (as defined in Section 1.6 below). Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 2 contracts

Samples: Warrant Agreement (Aimco Properties Lp), Warrant Agreement (Apartment Investment & Management Co)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof], such exchange shall be without charge to the holderHolder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 2 contracts

Samples: Warrant Agreement (Bottling Holdings Investments Luxembourg Commandite S.C.A.), Agreement (360 Communications Co)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced with the execution thereof by their execution of such Warrant Certificatesofficers conclusively evidencing such determination. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof], such exchange shall be without charge to the holderHolder (as defined in Section 1.6 below). Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 2 contracts

Samples: Warrant Agreement (Walt Disney Co/), Warrant Agreement (Dc Holdco Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof], such exchange shall be without charge to the holderHolder (as defined in Section 1.6 below). Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 2 contracts

Samples: Warrant Agreement (Allstate Corp), Warrant Agreement (Allstate Financing Vi)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company, the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates Certificate in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof____________], such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 2 contracts

Samples: Warrant Agreement (Wells Fargo & Co/Mn), Warrant Agreement (Indymac Capital Trust Iv)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant CertificatesDefinitive Warrants, the Company may execute, and upon the order of the Company the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which Certificates that are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, substantially of the tenor of the definitive Warrant Certificates Definitive Warrants in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers officer executing such Warrant Certificates may determine, as evidenced by their such officer's execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates Definitive Warrants to be prepared without unreasonable delay. After the preparation of definitive Warrant CertificatesDefinitive Warrants, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates Definitive Warrants upon surrender of the temporary Warrant Certificates at any the corporate trust office or agency maintained by of the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereofWarrant Agent, such exchange shall be without charge to the holderHolder thereof. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, execute and the Warrant Agent shall countersign and authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates therefor Definitive Warrants representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateDefinitive Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Reinsurance Group of America Inc), Warrant Agreement (Sovereign Bancorp Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall shall, upon written request of the Company, authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers of the Company executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall shall, upon written request of the Company, authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 2 contracts

Samples: Warrant Agreement (Forman Petroleum Corp), Warrant Agreement (Forman Petroleum Corp)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company, the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates Certificate in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof___________], such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 2 contracts

Samples: Warrant Agreement (G&k Services Inc), Warrant Agreement (Fuller H B Co)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company Issuer may execute, and upon the order of the Issuer the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company Issuer will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof___], such exchange shall be without charge to the holderHolder (as defined in Section 1.06 below). Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company Issuer shall execute, execute and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 2 contracts

Samples: Warrant Agreement (Ahold Finance Usa Inc), Warrant Agreement (Ahold Finance Usa Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof2.10. Subject to the provisions of Section 4.01 hereof4, such exchange shall be without charge to the holderHolder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder Holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder Holder of a definitive Warrant Certificate.

Appears in 2 contracts

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

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate shall, upon written request of the Company, countersign and deliver, temporary Warrant Certificates, which are may be printed, lithographed, typewritten or otherwise produced, and which shall be substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and issued, with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 8 hereof. Subject to the provisions of Section 4.01 6(e) hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 2 contracts

Samples: Warrant Agreement (Intevac Inc), Warrant Agreement (American Retirement Corp)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 10 hereof. Subject to the provisions of Section 4.01 12 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Centerpoint Energy Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 12(b) hereof. Subject to the provisions of Section 4.01 7(e) hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (R&b Falcon Corp)

Temporary Warrant Certificates. Pending the preparation of definitive Definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 2.11 hereof. Subject to the provisions of Section 4.01 3.6 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Pathmark Stores Inc)

Temporary Warrant Certificates. Pending the preparation ------------------------------ of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrantswarrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Equinix Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, which Certificates that are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers officer executing such Warrant Certificates may determine, as evidenced by their such officer's execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be at ,] without charge to the holderHolder, as defined in Section 1.6 hereof. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, execute and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 1 contract

Samples: Warrant Agreement (Deposit Guaranty Corp)

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Temporary Warrant Certificates. Pending the ------------------------------ preparation of definitive Warrant Certificates, the Company Holdings may execute, and the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company Holdings will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company Holdings for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company Holdings shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Bedding Experts Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 2.10 hereof. Subject to the provisions of Section 4.01 4 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Focal Communications Corp)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 1.11 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Piccadilly Cafeterias Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company, the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates warrant Certificate in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates Certificate may determinedetermine as appropriate, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof________________ ], such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 1 contract

Samples: Debt Warrant Agreement (Times Mirror Co /New/)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof1.10. Subject to the provisions of Section 4.01 hereof4.01, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Dayton Superior Corp)

Temporary Warrant Certificates. Pending the ------------------------------ preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificatesissued. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 1.09 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Unifi Communications Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company, the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed, or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates Certificate in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates Certificate may determinedetermine as appropriate, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof________________], such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 1 contract

Samples: Preferred Stock Warrant Agreement (Hs Resources Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company Corporation may execute, and upon the order of the Corporation the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, produced substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced with the execution thereof by their execution of such Warrant Certificatesofficers conclusively evidencing such determination. If temporary Warrant Certificates are issued, the Company Corporation will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof______], such exchange shall be without charge to the holderHolder (as defined in Section 1.6 below). Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company Corporation shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 1 contract

Samples: Warrant Agreement (McKesson Corp)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall thereupon authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency Warrant Agent Office (as defined) maintained by the Company for that purpose pursuant to Section 1.10 1.9 hereof. Subject to the provisions of Section 4.01 4.1 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.. SECTION 1.6

Appears in 1 contract

Samples: Warrant Agreement (Cellnet Data Systems Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver make available for delivery in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (American Banknote Corp)

Temporary Warrant Certificates. Pending the preparation of ------------------------------ definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate shall, upon written request of the Company, countersign and delivermake available for delivery, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the The Company will cause promptly execute and deliver to the Warrant Agent definitive Warrant Certificates to be prepared without unreasonable delayCertificates. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable the for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 8 hereof. Subject to the provisions of Section 4.01 6(i) hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Tivo Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and upon the order of the Company the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced with the execution thereof by their execution of such Warrant Certificatesofficers conclusively evidencing such determination. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent {or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof____________}, such exchange shall be without charge to the holderHolder (as defined in Section 1.6 below). Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.the

Appears in 1 contract

Samples: Warrant Agreement (Ferro Corp)

Temporary Warrant Certificates. Pending the preparation of definitive Definitive Warrant Certificates, the Company may execute, and the Warrant Agent Agent, upon receipt of written instructions from the Company (which shall authenticate include names, addresses and deliverdelivery instructions), shall countersign and deliver to the Holders, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 2.11 hereof. Subject to the provisions of Section 4.01 3.6 hereof, such exchange shall be without charge to the holderholder (nor shall the Warrant Agent be responsible for any such charges). Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent Agent, upon receipt of written instructions from the (which shall authenticate include names, addresses and delivery instructions), from the Company, shall countersign and deliver in exchange therefor, one or more definitive Definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Pathmark Stores Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company Corporation may execute, and upon the order of the Corporation the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, Certificates which are printed, lithographed, typewritten typewritten, mimeographed or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced with the execution thereof by their execution of such Warrant Certificatesofficers conclusively evidencing such determination. If temporary Warrant Certificates are issued, the Company Corporation will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any the corporate trust office of the Warrant Agent [or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof___], such exchange shall be without charge to the holderHolder (as defined in Section 1.6 below). Upon surrender for cancellation of any one or more temporary Warrant Certificates, Certificates the Company Corporation shall execute, execute and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more therefor definitive Warrant Certificates representing in the same aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate Certificates shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant CertificateCertificates.

Appears in 1 contract

Samples: Warrant Agreement (McKesson Corp)

Temporary Warrant Certificates. Pending the preparation of ------------------------------ definitive warrant certificates ("Definitive Warrant Certificates"), the Company may execute, and the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 2.11 hereof. Subject to the provisions of Section 4.01 3.6 hereof, such exchange shall be without charge to the holderHolder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder Holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder Holder of a definitive Definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Cybernet Internet Services International Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate shall, upon written request of the Company, countersign and delivermake available for delivery, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the The Company will cause promptly execute and deliver to the Warrant Agent definitive Warrant Certificates to be prepared without unreasonable delayCertificates. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable the for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 8 hereof. Subject to the provisions of Section 4.01 6(i) hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (General Electric Co)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates, the Company may execute, and the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 1.9 hereof. Subject to the provisions of Section 4.01 4.1 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Coinstar Inc)

Temporary Warrant Certificates. Pending the preparation of definitive Warrant Certificates ("Definitive Warrant Certificates"), the Company may execute, and the Warrant Agent shall authenticate countersign and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company will cause definitive Definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 2.11 hereof. Subject to the provisions of Section 4.01 3.6 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate countersign and deliver in exchange therefor, one or more definitive Definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (Versatel Telecom International N V)

Temporary Warrant Certificates. Pending the ------------------------------ preparation of definitive Warrant Certificates, the Company Partnership may execute, and the Warrant Agent shall authenticate and deliver, temporary Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. If temporary Warrant Certificates are issued, the Company Partnership will cause definitive Warrant Certificates to be prepared without unreasonable delay. After the preparation of definitive Warrant Certificates, the temporary Warrant Certificates shall be exchangeable for definitive Warrant Certificates upon surrender of the temporary Warrant Certificates at any office or agency maintained by the Company Partnership for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more temporary Warrant Certificates, the Company Partnership shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more definitive Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a temporary Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of a definitive Warrant Certificate.

Appears in 1 contract

Samples: Warrant Agreement (TNP Enterprises Inc)

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