Effective Delivery definition
Examples of Effective Delivery in a sentence
By executing only the Warrant Acceptance and Effective Delivery Agreement and thereby electing Book Entry for the Plan Warrants, the Warrant Holders also elect to have a Contingent Agent act for them under certain limited circumstances as set forth in Article VII.
Subsequent to the execution of the Warrant Acceptance and Effective Delivery Agreement, any Warrant Holder may elect to terminate the Contingent Agent Agreement by notifying an Issuer in writing.
By the execution of the Warrant Acceptance and Effective Delivery Agreement and electing Book Entry for the Plan Warrants, the accepting Warrant Holders elect also to have an additional agent act for them only under the limited circumstances and in the manner specified in the “Contingent Agent Agreement” attached hereto as Exhibit G (the “Contingent Agent”).
If the Warrant holder desires to receive physical delivery of the Plan Warrants (i.e. certificated form), such Warrant Holder must, in addition to executing the Warrant Acceptance and Effective Delivery Agreement as set forth in Section 3.2a) above, also execute and deliver the “Election to Certificate Agreement” as attached hereto as Exhibit F.
However, this Agreement and the Plan Warrants, which are the subject of this Agreement, are only valid if a Warrant Holder executes a “Warrant Acceptance and Effective Delivery Agreement” before March 31, 2006 and such Warrant Acceptance and Effective Delivery Agreement is received by Visitalk Capital Corporation (“VCC”) before April 15, 2006.
This Plan Warrant Agreement and the Plan Warrants are only valid if a Warrant Holder executes a Warrant Acceptance and Effective Delivery Agreement before March 31, 2006; and such Warrant Acceptance and Effective Delivery Agreement is received by Visitalk Capital Corporation before April 15, 2006.
The Warrant Holder, by executing and delivering the “Warrant Acceptance and Effective Delivery Agreement,” a form of which is attached hereto as Exhibit B, hereby elects to have all the Plan Warrants issued in Book Entry form.
If a Warrant Holder executing the Warrant Acceptance and Effective Delivery Agreement, however, elects to receive physical delivery of the Plan Warrants in accordance with the terms of the “Election to Certificate Agreement” as attached hereto as Exhibit F, the electing Warrant Holder waives any of its rights and benefits to having the Contingent Agent act for them pursuant to the Contingent Agent Agreement.
For the avoidance of doubt, the Fixed Rate shall not be available during or with respect to any period prior the Effective Delivery Date.
In the case of a Post-Disbursement Delay, the Borrower shall provide written notice to the Facility Agent as to whether the funds standing to the credit of the Funding Accounts are to be (i) retained in the Funding Accounts pending the Effective Delivery Date or (ii) utilised in making a prepayment pursuant to Clause 5.2(a)(ii) in the event that the Borrower should make such a prepayment.