DIAMOND FOODS, INC. STANDARD DEBT SECURITIES WARRANT AGREEMENT PROVISIONSDiamond Foods Inc • September 30th, 2009 • Miscellaneous food preparations & kindred products • California
From time to time, Diamond Foods, Inc., a Delaware corporation (the “Company”), may enter into one or more warrant agreements that provide for the issuance and sale of warrants (“Warrants”) to purchase debt securities of the Company (“Debt Securities”). The standard provisions set forth herein may be included or incorporated by reference in any such warrant agreement (a “Warrant Agreement”). The Warrant Agreement, including the provisions incorporated therein by reference, is herein referred to as this “Agreement.” The person named as the “Warrant Agent” in the first paragraph of the Warrant Agreement is herein referred to as the “Warrant Agent.” Unless otherwise defined in this Agreement or in the Warrant Agreement, as the case may be, terms defined in the Warrant Agreement are used herein as therein defined and terms defined herein are used in the Warrant Agreement as herein defined.
DIAMOND FOODS, INC. STANDARD STOCK WARRANT AGREEMENT PROVISIONSStock Warrant Agreement • September 30th, 2009 • Diamond Foods Inc • Miscellaneous food preparations & kindred products • California
From time to time, Diamond Foods, Inc., a Delaware corporation (the “Company”), may enter into one or more warrant agreements that provide for the issuance and sale of warrants (“Warrants”) to purchase shares of the Company’s [Common Stock, $0.001 par value][Preferred Stock, $0.001 par value] (collectively “Shares”). The standard provisions set forth herein may be included or incorporated by reference in any such warrant agreement (a “Warrant Agreement”). The Warrant Agreement, including the provisions incorporated therein by reference, is herein referred to as this “Agreement.” The person named as the “Warrant Agent” in the first paragraph of the Warrant Agreement is herein referred to as the “Warrant Agent.” Unless otherwise defined in this Agreement or in the Warrant Agreement, as the case may be, terms defined in the Warrant Agreement are used herein as therein defined and terms defined herein are used in the Warrant Agreement as herein defined.
