Rights and Duties of Warrant Agent. (1) In the exercise of the rights and duties prescribed or conferred by the terms of this Indenture, the Warrant Agent shall exercise that degree of care, diligence and skill that a reasonably prudent warrant agent would exercise in comparable circumstances. No provision of this Indenture shall be construed to relieve the Warrant Agent from liability for its own gross negligent action, wilful misconduct, bad faith or fraud under this Indenture.
Rights and Duties of Warrant Agent. (a) The Warrant Agent may consult with legal counsel (who may be legal counsel for the Company), and the opinion of such counsel shall be full and complete authorization and protection to the Warrant Agent as to any action taken or omitted by it in accordance with such opinion.
Rights and Duties of Warrant Agent. (1) The Warrant Agent accepts the duties and responsibilities under this Indenture, solely as custodian, bailee and agent. No trust is intended to be, or is or will be, created hereby and the Warrant Agent shall owe no duties hereunder as a trustee.
Rights and Duties of Warrant Agent. (a) In acting under this Agreement and in connection with the Warrant Certificates, the Warrant Agent is acting solely as agent of the Company and does not assume any obligation or relationship or agency or trust for or with any of the holders of Warrant Certificates or beneficial owners of Warrants.
Rights and Duties of Warrant Agent. (1) In the exercise of the rights and duties prescribed or conferred by the terms of this Indenture, the Warrant Agent shall act honestly and in good faith with a view to the best interests of the Warrantholders and shall exercise that degree of care, diligence and skill that a reasonably prudent warrant agent would exercise in comparable circumstances. No provision of this Indenture shall be construed to relieve the Warrant Agent from, or require any Person to indemnify the Warrant Agent against, liability for its own gross negligence, wilful misconduct or fraud. The duties and obligations of the Warrant Agent shall be determined solely by the provisions hereof and, accordingly, the Warrant Agent shall only be responsible for the performance of such duties and obligations as it has undertaken herein. The Warrant Agent shall retain the right not to act and shall not be held liable for refusing to act in circumstances that require the delivery to or receipt by the Warrant Agent of documentation unless it has received clear and reasonable documentation which complies with the terms of this Indenture. Such documentation must not require the exercise of any discretion or independent judgement other than as contemplated by this Indenture. The Warrant Agent shall incur no liability with respect to the delivery or non-delivery of any certificate or certificates whether delivered by hand, mail or any other means, provided that it has complied with the terms of this Indenture in respect of the discharging of its obligations in respect of the delivery of such certificates. None of the provisions contained in this Indenture shall require the Warrant Agent to expend or to risk its own funds or otherwise to incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers unless indemnified and funded as aforesaid.
Rights and Duties of Warrant Agent. 37 Section 9.3 Evidence, Experts and Advisers 38 Section 9.4 Documents, Monies, etc. Held by Warrant Agent. 38 Section 9.5 Actions by Warrant Agent to Protect Interest 39 Section 9.6 Warrant Agent Not Required to Give Security 39 Section 9.7 Protection of Warrant Agent. 39 Section 9.8 Replacement of Warrant Agent; Successor by Xxxxxx 40 Section 9.9 Acceptance of Agency 40 Section 9.10 Warrant Agent Not to be Appointed Receiver 40 Section 9.11 Warrant Agent Not Required to Give Notice of Default. 41 Section 9.12 Anti-Money Laundering. 41 Section 9.13 Compliance with Privacy Code. 41 Section 9.14 Securities Exchange Commission Certification 42
Rights and Duties of Warrant Agent. 34 Section 9.3 Evidence, Experts and Advisers. 35 Section 9.4 Documents, Monies, etc. Held by Warrant Agent. 36 Section 9.5 Actions by Warrant Agent to Protect Interest. 36
Rights and Duties of Warrant Agent. (1) In the exercise of the rights and duties prescribed or conferred by the terms of this Indenture, the Warrant Agent will act honestly and in good faith with a view to the best interests of the Warrantholders, and will exercise that degree of care, diligence and skill that a reasonably prudent warrant trustee would exercise in comparable circumstances. The Warrant Agent shall not be bound to give any notice or do or take any act, action or proceeding by virtue of the powers conferred on it hereby unless and until it shall have been required so to do under the terms hereof; nor shall the Warrant Agent be required to take notice of any default hereunder, unless and until notified in writing of such default, which notice shall distinctly specify the default desired to be brought to the attention of the Warrant Agent and in the absence of any such notice the Warrant Agent may for all purposes of this Indenture conclusively assume that no default has been made in the observance or performance of any of the representations, warranties, covenants, agreements or conditions contained therein. Any such notice shall in no way limit any discretion herein given to the Warrant Agent to determine whether or not the Warrant Agent shall take action with respect to any default.
Rights and Duties of Warrant Agent. 39 Section 9.3 Evidence, Experts and Advisers. 39 Section 9.4 Documents, Monies, etc. Held by Warrant Agent. 40 Section 9.5 Actions by Warrant Agent to Protect Interest. 41 Section 9.6 Warrant Agent Not Required to Give Security. 41 Section 9.7 Protection of Warrant Agent. 41 Section 9.8 Replacement of Warrant Agent; Successor by Merger. 42 Section 9.9 Acceptance of Agency 43 Section 9.10 Warrant Agent Not to be Appointed Receiver. 43
Rights and Duties of Warrant Agent. (a) In the exercise of the rights and duties prescribed or conferred by the terms of this Indenture, the Warrant Agent shall act honestly and in good faith with a view to the best interests of the Warrantholders and shall exercise that degree of care, diligence and skill that a reasonably prudent Warrant Agent would exercise in comparable circumstances. No provision of this Indenture shall be construed to relieve the Warrant Agent from liability for its own negligent action, its own negligent failure to act, or its own wilful misconduct or bad faith.
