Common use of Change of Warrant Agent Clause in Contracts

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then any Holder may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall perform the duties of the Warrant Agent. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file any notice provided for in this Section 13.3, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 7 contracts

Samples: Warrant Agreement (Armstrong Holdings Inc /Pa/), Warrant Agreement (Thermadyne Holdings Corp /De), Warrant Agreement (Magellan Health Services Inc)

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Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement upon 30 days’ prior notice in writing mailed, by giving registered or certified mail, to the Company. The Company may remove the Warrant Agent or any successor warrant agent upon 30 days' advance ’ prior notice in writing. The Warrant Agent may be removed by like notice , mailed to the Warrant Agent from or successor warrant agent, as the Companycase may be, by registered or certified mail. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant AgentAgent and shall, within 15 days following such appointment, give notice thereof in writing to each registered holder of the Warrant Certificates. If the Company shall fail to make such appointment within a period of 30 days after After such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then any Holder may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall agrees to perform the duties of the Warrant AgentAgent hereunder until a successor Warrant Agent is appointed. After appointmentappointment and execution of a copy of this Agreement in effect at that time, the successor warrant agent Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent Warrant Agent, within a reasonable time, any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file give any notice provided for in this Section 13.3Section, however, or any defect therein, therein shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 4 contracts

Samples: Warrant Agreement (Foster Wheeler Inc), Warrant Agreement (Foster Wheeler Ag), Warrant Agreement (Foster Wheeler Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then any Holder may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall perform the duties of the Warrant Agent. Any successor warrant agent, whether appointed by the Company or a court of competent jurisdiction, shall be a bank or trust company, in good standing, incorporated under the laws of the United States of America or any state thereof and having at the time of its appointment as warrant agent a combined capital and surplus of at least $500,000,000. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file any notice provided for in this Section 13.3, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 4 contracts

Samples: Warrant Agreement (Chi Energy Inc), Warrant Agreement (Consolidated Hydro Inc), Warrant Agreement (Chi Energy Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The as Warrant Agent may be removed by like at any time following 30 days written notice thereof to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of actingacting as Warrant Agent, the Company shall appoint a successor to the such Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning Warrant Agent or incapacitated by the registered Holder of a Warrant AgentCertificate, then the registered Holder of any Holder Warrant may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the a successor warrant agentto such Warrant Agent, either by the Company shall perform or by such a court, the duties of the Warrant Agent shall be carried out by the Company. The Holders of a majority of the unexercised Warrants shall be entitled at any time to remove the Warrant Agent and appoint a successor to such Warrant Agent. Such successor to the Warrant Agent need not be approved by the Company or the former Warrant Agent. After appointment, the successor warrant agent to the Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, provided that the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent to the Warrant Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file give any notice provided for in this Section 13.313, however, or any defect therein, shall not affect the legality or validity of the resignation or removal appointment of a successor to the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agentAgent.

Appears in 3 contracts

Samples: Warrant Agreement (Horizon Personal Communications Inc), Warrant Agreement (Ipcs Equipment Inc), Warrant Agreement (Independent Wireless One Corp)

Change of Warrant Agent. The Warrant Agent may resign and or be discharged by the Company from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from or the Company, as the case may be, by giving notice in writing to the other, and by giving a date when such resignation or discharge shall take effect, which notice shall be sent at least 30 days prior to the date so specified. If the Warrant Agent shall resign or resign, be removed discharged or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent or by any Warrant Holder or after discharging the Warrant Agent, then any Holder may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall agrees to perform the duties of the Warrant AgentAgent hereunder until a successor Warrant Agent is appointed. After appointmentappointment and execution of a copy of this Agreement in effect at that time, the successor warrant agent Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, deed and the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent Warrant Agent any property at the time held by it hereunderthereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for effecting the purposedelivery or transfer. Failure to file give any notice provided for in this Section 13.3the section, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agentWarrant Agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 3 contracts

Samples: Warrant Agreement (Eastside Distilling, Inc.), Warrant Agreement (S&W Seed Co), Warrant Agreement (S&W Seed Co)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then any Holder holder of Warrants, may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall perform the duties of the Warrant Agent. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for to facilitate succession. In the purposeevent of such resignation or removal, the successor warrant agent shall mail, first class, to each holder of Warrants, written notice of such removal or resignation and the name and address of such successor warrant agent. Failure to file any notice provided for in this Section 13.3, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 2 contracts

Samples: Warrant Agreement, Warrant Agreement

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then any Holder Holder, may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall perform the duties of the Warrant Agent. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file any notice provided for in this Section 13.3, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 2 contracts

Samples: Warrant Agreement (New Federal-Mogul Corp), Warrant Agreement (Federal-Mogul Corp)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The as Warrant Agent may be removed by like at any time following 30 days written notice thereof to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of actingacting as Warrant Agent, the Company shall appoint a successor to the such Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning Warrant Agent or incapacitated Warrant Agentby any Holder of a Warrant, then the Holder of any Holder Warrant may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the a successor warrant agentto such Warrant Agent, either by the Company shall perform or by such a court, the duties of the Warrant Agent shall be carried out by the Company. The Holders of a majority of the unexercised Warrants shall be entitled at any time to remove the Warrant Agent and appoint a successor to such Warrant Agent. Such successor to the Warrant Agent need not be approved by the Company or the former Warrant Agent. After appointment, the successor warrant agent to the Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, provided that the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent to the Warrant Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file give any notice provided for in this Section 13.313, however, or any defect therein, shall not affect the legality or validity of the resignation or removal appointment of a successor to the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agentAgent.

Appears in 2 contracts

Samples: Warrant Agreement (Orbital Sciences Corp /De/), Warrant Agreement (Mikohn Gaming Corp)

Change of Warrant Agent. The Warrant Agent may resign and or be discharged by the Company from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from or the Company, as the case may be, giving notice in writing to the other, and by giving a date when such resignation or discharge shall take effect, which notice shall be sent at least 30 days prior to the date so specified. If the Warrant Agent shall resign or resign, be removed discharged or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent or by any Warrant Holder or after discharging the Warrant Agent, then any Holder may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall agrees to perform the duties of the Warrant AgentAgent hereunder until a successor Warrant Agent is appointed. After appointmentappointment and execution of a copy of this Agreement in effect a that time, the successor warrant agent Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, deed and the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent Warrant Agent any property at the time held by it hereunderthereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for effecting the purposedelivery or transfer. Failure to file give any notice provided for in this Section 13.3the section, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agentWarrant Agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 2 contracts

Samples: Warrant Agreement (Healthy Fast Food Inc), Warrant Agreement (Healthy Fast Food Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by (a) the resigning or incapacitated Warrant AgentAgent or (b) any Holder (who shall with such notice submit his Warrant for inspection by the Company), then any Holder may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall perform the duties of the Warrant Agent. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as the Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file any notice provided for in this Section 13.316, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first classby first-class mail, postage prepaid, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (First Pactrust Bancorp Inc), Warrant Agreement (First Pactrust Bancorp Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company upon 30 days' advance prior notice in writing mailed, by registered or certified mail, to the Company. The Company may remove the Warrant Agent or any successor warrant agent upon 30 days' prior notice in writing. The Warrant Agent may be removed by like notice , mailed to the Warrant Agent from or successor warrant agent, as the Companycase may be, by registered or certified mail. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant AgentAgent and shall, within 15 days following such appointment, give notice thereof in writing to each registered holder of the Class A Warrant Certificates. If the Company shall fail to make such appointment within a period of 30 15 days after giving notice of such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then any Holder may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall agrees to perform the duties of the Warrant AgentAgent hereunder until a successor Warrant Agent is appointed. After appointmentappointment and execution of a copy of this Agreement in effect at that time, the successor warrant agent Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent Warrant Agent, within a reasonable time, any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file give any notice provided for in this Section 13.3Section, however, or any defect therein, therein shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 2 contracts

Samples: Warrant Agreement (Amazon Herb Co), Warrant Agreement (Icrown Corp)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing, and to the holders of the Warrants notice by mailing such notice to holders at the addresses appearing on the Warrant register, of such resignation, specifying a date when such resignation shall take effect. The Warrant Agent may be removed by like notice to the Warrant Agent from the CompanyCompany and by like mailing of notice to the holders of the Warrants. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such the removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Warrant Agent, then the registered holder of any Holder Warrant may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall perform the duties of the Warrant Agent. After appointment, the successor warrant agent shall be vested with the same powers, rightsright, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any all canceled Warrants, records and property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file or mail any notice provided for in this Section 13.3Section, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agentSECTION 17.

Appears in 2 contracts

Samples: Warrant Agency Agreement (Panoshan), Warrant Agency Agreement (Emission Differentials, Ltd.)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of actingacting as Warrant Agent, the Company shall appoint a successor to the such Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning Warrant Agent or incapacitated by the registered holder of a Warrant AgentCertificate, then the registered holder of any Holder Warrant may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the a successor warrant agentto such Warrant Agent, either by the Company shall perform or by such a court, the duties of the Warrant Agent shall be carried out by the Company. The holders of a majority of the unexercised Warrants shall be entitled at any time to remove the Warrant Agent and appoint a successor to such Warrant Agent. Such successor to the Warrant Agent need not be approved by the Company or the former Warrant Agent. After appointment, appointment the successor warrant agent to the Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, provided that the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent to the Warrant Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file give any notice provided for in this Section 13.316, however, or any defect therein, shall not affect the legality or validity of the resignation or removal appointment of a successor to the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agentAgent.

Appears in 2 contracts

Samples: Warrant Agreement (Insilco Holding Co), Warrant Agreement (Advanced Radio Telecom Corp)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then any Holder holder of Warrants, may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall perform the duties of the Warrant Agent. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for to facilitate succession. In the purposeevent of such resignation or removal, the successor warrant agent shall mail, first class, to each holder of Warrants, written notice of such removal or resignation and the name and address of such successor warrant agent. Failure to file any notice provided for in this Section 13.314.3, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 2 contracts

Samples: Warrant Agreement (Tribune Media Co), Warrant Agreement

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of actingacting as Warrant Agent, the Company shall appoint a successor to the such Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning Warrant Agent or incapacitated by the registered holder of a Warrant AgentCertificate, then the registered holder of any Holder Warrant may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the a successor warrant agentto such Warrant Agent, either by the Company shall perform or by such a court, the duties of the Warrant Agent shall be carried out by the Company. The holders of a majority of the unexercised Warrants shall be entitled at any time to remove the Warrant Agent and appoint a successor to such Warrant Agent. Such successor to the Warrant Agent need not be approved by the Company or the former Warrant Agent. After appointment, appointment the successor warrant agent to the Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, provided that the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent to the Warrant Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file give any notice provided for in this Section 13.313, however, or any defect therein, shall not affect the legality or validity of the resignation or removal appointment of a successor to the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agentAgent.

Appears in 2 contracts

Samples: Warrant Agreement (Atlantic Paratrans of Arizona, Inc.), Warrant Agreement (Viskase Companies Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writingwriting of such resignation, specifying a date when such resignation shall take effect, and such notice shall be given prior to the date so specified. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant AgentAgent or by the registered holder of a Warrant (who shall, with such notice, submit his Warrant for inspection by the Company), then any Holder the registered holder of a Warrant may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the Any successor warrant agent, whether appointed by the Company or by such a court, shall perform the duties be a bank or trust company having capital and surplus as shown by its last published report to its stockholders, of the Warrant Agentat least $10,000,000. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file or publish any notice provided for in this Section 13.3Section, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Warrant Agreement (Bioshield Technologies Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance thirty (30) days notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 thirty (30) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant AgentAgent or by any Holder (who shall with such notice submit his Warrant for inspection by the Company), then any Holder may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the Any successor warrant agent, whether appointed by the Company or such a court, shall perform be a bank or trust company, in good standing, incorporated under the duties laws of the Warrant AgentUnited States of America or any state thereof and having at the time of its appointment as warrant agent a combined capital and surplus of at least $100,000,000. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any for further assurance, conveyance, act or deed necessary for the purpose. Failure to file any notice provided for in this Section 13.317, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, by first classclass mail, postage prepaid, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Warrant Subscription Agreement (American Eagle Group Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its all further duties and liabilities under this Agreement (except liabilities arising as a result of the Warrant Agreement Agent's own negligence or bad faith) by giving to the Company 30 days' advance thirty days prior notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 thirty days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant AgentAgent or by any Holder (who shall with such notice submit his Warrant for inspection by the Company), then any Holder may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the Any successor warrant agent, whether appointed by the Company or such a court, shall perform be a bank or trust company, in good standing, incorporated under the duties laws of the Warrant AgentUnited States of America or any state thereof and having at the time of its appointment as warrant agent a combined capital and surplus of at least $50,000,000, or a stock transfer company. After appointmentacceptance in writing of such appointment is received by the Company, the successor warrant agent shall be vested with the same powers, rightsRights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and legally and validly execute and deliver any further assurance, conveyance, act or deed necessary for the that purpose. Failure to file any notice provided for in this Section 13.3Agreement, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail by first class mail, first classpostage prepaid, to each Holder, written notice of such resignation or removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Warrant Agreement (Oasis Resorts International Inc /Nv)

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Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then any Holder holder of Warrants may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall perform the duties of the Warrant Agent. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for to facilitate succession. In the purposeevent of such resignation or removal, the successor warrant agent shall mail, first class, to each holder of Warrants, written notice of such removal or resignation and the name and address of such successor warrant agent. Failure to file any notice provided for in this Section 13.314.3, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Warrant Agreement

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed (such resignation to become effective not earlier than 30 days after the giving of written notice thereof to the Company and the registered holders of Warrant certificates) or shall otherwise become incapable of actingacting as Warrant Agent, the Company shall appoint a successor to the Warrant Agentsuccessor. If the Company shall fail to make such that appointment within a period of 30 days after such removal or after it has been so notified in writing of such resignation or incapacity by the resigning Warrant Agent or incapacitated by the registered holder of a Warrant Agent(in the case of incapacity), then the registered holder of any Holder Warrant may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of a successor to the successor warrant agentWarrant Agent, either by the Company shall perform or by such a court, the duties of Warrant Agent shall be carried out by the Company. Any successor Warrant AgentAgent whether appointed by the Company or by a court, shall be a bank or trust company, in good standing, incorporated under the laws of the State of Georgia or of the United States of America, and must have at the time of its appointment as Warrant Agent a net worth of at least $25 million. After appointment, the successor warrant agent Warrant Agent shall be vested with the same powers, rightsright, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent Warrant Agent any property at the time held by it hereunder, hereunder and execute and deliver deliver, at the expense of the Company, any further assurance, conveyance, act or deed necessary for the purpose. Failure to file give any notice provided for in this Section 13.315, however, or any defect therein, therein shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the a successor warrant agent, Warrant Agent as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Warrant Agreement (Halis Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing, and to the holders of the Warrants notice by mailing such notice to holders at the addresses appearing on the Warrant register, of such resignation, specifying a date when such resignation shall take effect. The Warrant Agent may be removed by like notice to the Warrant Agent from the CompanyCompany and by like mailing of notice to the holders of the Warrants. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such the removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Warrant Agent, then the registered holder of any Holder Warrant may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall perform the duties of the Warrant Agent. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any all canceled Warrants, records and property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file or mail any notice provided for in this Section 13.3Section, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Warrant Agency Agreement (Caspian Services Inc)

Change of Warrant Agent. The Warrant Agent may resign and or be discharged by the Company from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from or the Company, as the case may be, giving notice in writing to the other, and by giving a date when such resignation or discharge shall take effect, which notice shall be sent at least 60 days prior to the date so specified. If the Warrant Agent shall resign or resign, be removed discharged or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent or by any Warrant Holder or after discharging the Warrant Agent, then any Warrant Holder may apply to a court Court of competent jurisdiction jurisdiction, for the appointment of a successor to the Warrant Agent. Pending the appointment of a successor to the successor warrant agentWarrant Agent, either by the Company or such Court, the Company shall perform carry out the duties of the Warrant Agent. After appointment, the successor warrant agent Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, deed and the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent Warrant Agent any property at the time held by it hereunderthereunder, and [COMPUTERSHARE LOGO] execute and deliver any further assurance, conveyance, act or deed necessary for effecting the purposedelivery or transfer. Failure to file give any notice provided for in this Section 13.3the section, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agentWarrant Agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Gryphon Gold Corp

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant AgentAgent or by the Holder of a Warrant (who shall with such notice submit his Warrant for inspection by the Company), then the Holder of any Holder Warrant may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the Any successor warrant agent, whether appointed by the Company or such a court, shall perform be a bank, trust company or securities transfer agency, in good standing, incorporated under the duties laws of the Warrant AgentStates of Delaware, Nevada or Utah or any other jurisdiction within the United States of America. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties duties, and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act act, or deed necessary for the purpose. Failure to file any notice provided for in this Section 13.316, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Warrant Agreement (R & R Ranching Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement upon thirty (30) days' prior notice in writing mailed, by giving registered or certified mail, to the Company. The Company 30 may remove the Warrant Agent or any successor warrant agent upon thirty (30) days' advance prior notice in writing. The Warrant Agent may be removed by like notice , mailed to the Warrant Agent from or successor warrant agent, as the Companycase may be, by registered or certified mail. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant AgentAgent and shall, within fifteen (15) days following such appointment, give notice thereof in writing to each registered holder of the Warrant Certificates. If the Company shall fail to make such appointment within a period of 30 fifteen (15) days after giving notice of such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then any Holder may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall agrees to perform the duties of the Warrant AgentAgent hereunder until a successor Warrant Agent is appointed. After appointmentappointment and execution of a copy of this Agreement in effect at that time, the successor warrant agent Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent Warrant Agent, within a reasonable time, any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file give any notice provided for in this Section 13.321, however, or any defect therein, therein shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Warrant Agreement (Tower Tech Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then any Holder may apply to a court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor warrant agent, the Company shall perform the duties of the Warrant Agent. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file any notice provided for in this Section 13.3, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Warrant Agreement (Magellan Health Services Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of actingacting as Warrant Agent, the Company shall appoint a successor to such Warrant Agent, provided such successor is acceptable to the Warrant Agentholders pursuant to Section 15 hereof. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning Warrant Agent or incapacitated by the registered holder of a Warrant AgentCertificate, then the retiring Warrant Agent or the registered holder of any Holder Warrant Certificate may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the a successor warrant agentto such Warrant Agent, either by the Company shall perform or by such a court, the duties of the Warrant Agent shall be carried out by the Company. The Company, with the consent of the Administrative Agent (as defined in the Bridge Loan Agreement), shall be entitled at any time to remove the Warrant Agent and appoint a successor to such Warrant Agent. Such successor to the Warrant Agent need not be approved by the Company or the former Warrant Agent. After appointment, appointment the successor warrant agent to the Warrant Agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent to the Warrant Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file give any notice provided for in this Section 13.317, however, or any defect therein, shall not affect the legality or validity of the resignation or removal appointment of a successor to the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agentAgent.

Appears in 1 contract

Samples: Warrant Agreement (Pca International Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving upon thirty (30) days' prior notice in writing mailed to the Company 30 by registered or certified mail. The Company may remove the Warrant Agent or any successor warrant agent upon thirty (30) days' advance prior notice in writing. The Warrant Agent may be removed by like notice , mailed to the Warrant Agent from or successor warrant agent, as the Companycase may be, by registered or certified mail. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant AgentAgent and shall, within fifteen (15) days following such appointment, give notice thereof in writing to each registered holder of the Warrant Certificates. If the Company shall fail to make such appointment within a period of 30 fifteen (15) days after giving notice of such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then (i) the Company agrees to perform the duties of the Warrant Agent hereunder and (ii) the registered holder of any Holder Warrant Certificate may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the successor new warrant agent, the Company shall perform the duties of the Warrant Agent. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent warrant agent without further act or deed; provided, however, but the former Warrant Agent warrant agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Failure to file give any notice provided for in this Section 13.321, however, or any defect therein, therein shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Warrant Agreement (Medaphis Corp)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance days notice in -14- 15 writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of acting, the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant AgentAgent or by any Holder (who shall with such notice submit his Warrant for inspection by the Company), then any Holder may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of the Any successor warrant agent, whether appointed by the Company or such a court, shall perform be a bank or trust company, in good standing, incorporated under the duties laws of the Warrant AgentUnited States of America or any state thereof and having at the time of its appointment as warrant agent a combined capital and surplus of at least $100,000,000. After appointment, the successor warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to deliver and transfer to the successor warrant agent any property at the time held by it hereunder, and execute and deliver any for further assurance, conveyance, act or deed necessary for the purpose. Failure to file any notice provided for in this Section 13.316, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, by first classclass mail, postage prepaid, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agent.

Appears in 1 contract

Samples: Warrant Agreement (Citicasters Inc)

Change of Warrant Agent. The Warrant Agent may resign and be discharged from its duties under this Warrant Agreement by giving to the Company 30 days' advance notice in writing. The Warrant Agent may be removed by like notice to the Warrant Agent from the Company. If the Warrant Agent shall resign or be removed or shall otherwise become incapable of actingacting as Warrant Agent, it may resign by giving 30 days written notice to the Company and the Company shall appoint a successor to the Warrant Agent. If the Company shall fail to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Warrant Agent, then the registered holder of any Holder Warrant Certificate may apply to a any court of competent jurisdiction for the appointment of a successor to the Warrant Agent. Pending the appointment of a successor to the successor warrant agentWarrant Agent, either by the Company shall perform or by such a court, the duties of the Warrant Agent shall be carried out by the Company. The Company shall be entitled, upon 30 days prior written notice to the Warrant Agent, to remove the Warrant Agent and appoint a successor to the Warrant Agent. After appointment, the successor warrant agent to the Warrant Agent shall be vested with the same powers, rights, duties duties, and responsibilities as if it had been originally named as Warrant Agent without further act or deed; provided, however, but the former Warrant Agent shall be required to promptly deliver and transfer to the successor warrant agent to the Warrant Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act act, or deed necessary for the purpose. Failure to file give any notice provided for in this Section 13.315, however, or any defect therein, shall not affect the legality or validity of the resignation or removal appointment of a successor to the Warrant Agent or the appointment of the successor warrant agent, as the case may be. In the event of such resignation or removal, the successor warrant agent shall mail, first class, to each Holder, written notice of such removal or resignation and the name and address of such successor warrant agentAgent.

Appears in 1 contract

Samples: Warrant Agent Agreement (Lexington Precision Corp)

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