Warrant Documentation definition

Warrant Documentation means (a) the form of Class A Unit Purchase Warrants, pursuant to which the Company issued Warrants on October 31, 2011 and April 16, 2013; (b) the form of Class A Unit Purchase Warrants, pursuant to which the Company issued Warrants on June 17, 2013; (c) the form of Warrant Certificates, pursuant to which the Company issued Warrants on January 29, 2016 and December 21, 2016; and (d) the form of Warrants to Purchase Common Stock, pursuant to which the Company issued Warrants on September 28, 2017.

Warrant Documentation means (i) the letter agreement Re: Base Issuer Warrant Transaction, dated November 19, 2013, between Xxxxx Fargo Securities, LLC and Cardtronics, Inc.; (ii) the letter agreement Re: Additional Issuer Warrant Transaction, dated November 21, 2013, between Xxxxx Fargo Securities, LLC and Cardtronics, Inc.; (iii) the letter agreement Re: Partial Unwind Agreement with respect to the Convertible Bond Hedge Transaction Confirmations and the Issuer Warrant Confirmations, dated June 29, 2020, between Xxxxx Fargo Securities, LLC and Cardtronics, Inc.; (iv) the letter agreement Re: Base Issuer Warrant Transaction, dated November 19, 2013, between Bank of America, N.A. and Cardtronics, Inc.; (v) the letter agreement Re: Additional Base Issuer Warrant Transaction, dated November 21, 2013, between Bank of America, N.A. and Cardtronics, Inc.; (vi) the letter agreement Re: Termination Agreement with respect to the Convertible Bond Hedge Transaction Confirmations and the Issuer Warrant Confirmations, dated June 29, 2020, between Bank of America, N.A., Cardtronics plc and Cardtronics, Inc.; (vii) the letter agreement Re: Base Issuer Warrant Transaction, dated November 19, 2013, between JPMorgan Chase Bank, National Association and Cardtronics, Inc.; (viii) the letter agreement Re: Additional Base Issuer Warrant Transaction, dated November 21, 2013, between JPMorgan Chase Bank, National Association and Cardtronics, Inc.; (ix) the letter agreement Re: Base Issuer Warrant Transaction, dated October 26, 2016, between JPMorgan Chase Bank, National Association and Cardtronics, Inc.; (x) the letter agreement Re: Additional Issuer Warrant Transaction, dated October 26, 2016, between JPMorgan Chase Bank, National Association and Cardtronics, Inc.; and (xi) the letter agreement Re: Partial Unwind Agreement with respect to the Call Option Transaction Confirmations and the Warrants Confirmations, dated June 29, 2020, between JPMorgan Chase Bank, National Association and Cardtronics, Inc.;

Warrant Documentation means the Warrants and the documentation executedin connection therewith. 1.2. Accounting Terms. Except as otherwise expressly provided herein, all accounting terms not otherwise defined herein shall have the meanings assigned to them in conformity with GAAP. Financial statements and other information required to be delivered by Borrower Group to Lenders pursuant to Sections 5.1(a), 5.1(b) and 5.1(c) shall be prepared in accordance with GAAP as in effect at the time of such preparation (and delivered together with the reconciliation statements provided for in Section 5.1(e), if applicable). Subject to the foregoing, calculations in connection with the definitions, covenants and other provisions hereof shall utilize accounting principles and policies in conformity with those used to prepare the Historical Financial Statements. Notwithstanding the foregoing, each reference herein to “consolidated” in respect of the Borrower Group financial statements or components thereof, shall be deemed to be a reference to “combined” financial statements or components thereof (as defined for GAAP) of the Borrower Group. 1.3. Interpretation, Etc. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any Section, Appendix, Schedule or Exhibit shall be to a Section, an Appendix, a Schedule or an Exhibit, as the case may be, hereof unless otherwise specifically provided. The use herein of the word “include” or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. The terms lease and license shall include sub-lease and sub-license, as applicable.

Examples of Warrant Documentation in a sentence

• The Warrants outstanding immediately prior to the Effective Time (other than the Warrants that automatically become null and void as of the Effective Time if not exercised prior thereto, which shall expire in accordance with their terms if unexercised) shall remain outstanding immediately following the Effective Time and shall not be affected by the Merger (except for the effects specifically set forth in the Warrant Documentation).

• The Surviving Corporation, and to the extent required under the applicable Warrant Documentation, Parent, shall comply with any obligations under the applicable Warrant Documentation.

• Prior to the Effective Time, the Company shall deliver to the holders of any Warrants noticerequired under the terms of the Warrant Documentation (if any).

• The Company has made available to Parent true and correct forms of the Capped Call Documentation and the Warrant Documentation.

• Superintendent of Business Services *** IT IS RECOMMENDED THAT the Board of Education approve renewal of the Memorandum of Understanding regarding Retention of Commercial Warrant Documentation with the Santa Barbara County Education Office.

• Prior to the Effective Time, the Company shall deliver to the holders of any Warrants notice required under the terms of the Warrant Documentation (if any).

• The statements set forth in the General Disclosure Package and the Prospectus, insofar as such statements purport to summarize certain provisions of the Hedge and Warrant Documentation, provide a fair summary of such provisions.

• The Company has all requisite corporate power to execute, deliver and perform its obligations under the Hedge and Warrant Documentation.

• The Company will use all reasonable efforts to cause the Underlying Securities and the shares of Common Stock initially issuable upon exercise of the warrants under the Hedge and Warrant Documentation (the “Warrant Securities”) to be listed on the New York Stock Exchange (the “Exchange”).

• Each set of appliances, commonly referred to as an Invisalign® System, is custom manufactured by Align to fit an individual patient.

More Definitions of Warrant Documentation

Warrant Documentation means (i) the letter agreement re: Base Warrants, dated as of December 12, 2016, between WWE and JPMorgan Chase Bank, National Association, London Branch, (ii) the letter agreement re: Base Warrants, dated as of December 12, 2016, between WWE and Xxxxxx Xxxxxxx & Co. International plc, (iii) the letter agreement re: Warrants, dated as of December 12, 2016, between WWE and Citibank, N.A. (iv) the letter agreement re: Additional Warrants, dated as of January 11, 2017, between WWE and JPMorgan Chase Bank, National Association, London Branch, (v) the letter agreement re: Additional Warrants, dated as of January 11, 2017, between WWE and Xxxxxx Xxxxxxx & Co. International plc, and (vi) the letter agreement re: Additional Warrants, dated as of January 11, 2017, between WWE and Citibank, N.A, in each case, as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof.

Warrant Documentation means (a) the instrument dated 28th February, 1997 constituting warrants entitling (i) CCIC to subscribe for 515,000 Ordinary Shares and 514,485,000 Preference Shares and (ii) TdFI to subscribe for 257,500 Ordinary Shares and 257,242,500 Preference Shares and (b) the certificates dated 28th February, 1997 in respect thereof.

Warrant Documentation means the Securities Purchase Agreement, dated as of January 4, 2023, between the Company and purchasers thereto and the Pre-Funded Warrant, the form of which is attached thereto (the “Warrant Agreement”).

Warrant Documentation means the applicable warrant, common stock purchase warrant or similar instrument or agreement granting Warrants of the Company Common Stock.. Exhibit B AMENDED AND RESTATED ARTICLES of Incorporation of the Surviving Corporation SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THERAPEUTICSMD, INC. ARTICLE I NAME The name of the corporation is TherapeuticsMD, Inc. (the “Corporation”).

Warrant Documentation means the Warrant Certificate dated the date hereof between Borrower and Lender, the Registration Rights Agreement dated the date hereof between Borrower and Lender, and any related document.

Warrant Documentation means (a) the instrument in the agreed form constituting warrants entitling (i) CTC to subscribe for 515,000 Ordinary Shares and 514,485,000 Preference Shares and (ii) TdFI to subscribe for 257,500 Ordinary Shares and 257,242,500 Preference Shares and (b) the certificates in the agreed form in respect thereof;