Common use of Execution and Countersignature Clause in Contracts

Execution and Countersignature. (a) An Officer shall execute the Warrants for the Company by facsimile or manual signature in the name and on behalf of the Company. If an Officer whose signature is on a Warrant no longer holds that office at the time the Warrant is countersigned, the Warrant will still be valid. (b) A Warrant will not be valid until the Warrant Agent manually countersigns the Warrant, with the signature conclusive evidence that the Warrant has been countersigned under this Agreement. At any time and from time to time after the execution and delivery of this Agreement, the Company may deliver Warrants executed by the Company to the Warrant Agent for countersignature. The Warrant Agent will countersign and deliver a number of Warrants for original issue convertible into an aggregate number of Warrant Shares not to exceed the amount stated in the preamble hereto (except as may be adjusted pursuant to Article 6 hereof) after receipt by the Warrant of an Officers’ Certificate specifying (i) the number of Warrants to be countersigned and the date on which the Warrants are to be countersigned, (ii) whether the Warrants are to be issued as one or more Global Warrant or Certificated Warrants, and (iii) other information the Company may determine to include or the Warrant Agent may reasonably request.

Appears in 2 contracts

Sources: Warrant Agreement (Goodrich Petroleum Corp), Warrant Agreement (Goodrich Petroleum Corp)

Execution and Countersignature. (a) An Officer shall execute the Warrants for the Company by facsimile or manual signature in the name and on behalf of the Company. If an Officer whose signature is on a Warrant no longer holds that office at the time the Warrant is countersigned, the Warrant will still be valid. (b) A Warrant will not be valid until the Warrant Agent manually countersigns the Warrant, with the signature conclusive evidence that the Warrant has been countersigned under this Agreement. At any time and from time to time after the execution and delivery of this Agreement, the Company may deliver Warrants executed by the Company to the Warrant Agent for countersignature. The Warrant Agent will countersign and deliver a number of Warrants for original issue convertible into an aggregate number of Warrant Shares not to exceed the amount stated in the preamble hereto (except as may be adjusted pursuant to Article 6 hereof) after receipt by the Warrant Agent of an Officers’ Certificate specifying (i) the number of Warrants to be countersigned and the date on which the Warrants are to be countersigned, (ii) whether the Warrants are to be issued as one or more Global Warrant or Certificated Warrants, and (iii) other information the Company may determine to include or the Warrant Agent may reasonably request.

Appears in 2 contracts

Sources: Warrant Agreement (Green Field Energy Services, Inc.), Warrant Agreement (IPMT Transport, LLC)

Execution and Countersignature. (a) An Officer shall execute the Warrants Warrant Certificates for the Company by facsimile or manual signature in the name and on behalf of the Company. If an Officer officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant Certificate is countersigned, the Warrant will still be valid. (b) A Warrant will not be valid for any purpose or exercisable until the Warrant Agent manually (or via facsimile) countersigns the WarrantWarrant Certificate, with the signature of the Warrant Agent being conclusive evidence that the Warrant Certificate has been countersigned under this Agreement. At any time and from time to time after the execution and delivery of this Agreement, the Company may deliver Warrants Warrant Certificates executed by the Company to the Warrant Agent for countersignature. The Warrant Agent will countersign and deliver a number of Warrants Warrant Certificates for original issue convertible into in an aggregate number of Warrant Shares amount not to exceed the amount stated in the preamble hereto (except as may be adjusted pursuant to Article 6 hereof) hereof after receipt by the Warrant Agent of an Officers' Certificate specifying: (i) the number amount of Warrants Warrant Certificates to be countersigned and the date on which the Warrants Warrant Certificates are to be countersigned, , (ii) whether the Warrants are to be issued as one or more Global Warrant Warrants or Certificated Warrants, and (iiiii) other information the Company may determine to include or the Warrant Agent may reasonably request.

Appears in 1 contract

Sources: Warrant Agreement (WHX Corp)

Execution and Countersignature. (a) An Officer shall execute the Warrants Warrant Certificates for the Company by facsimile or manual signature in the name and on behalf of the Company. If an Officer officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant Certificate is countersigned, the Warrant will still be valid. (b) A Warrant will not be valid for any purpose or exercisable until the Warrant Agent manually (or via facsimile) countersigns the WarrantWarrant Certificate, with the signature of the Warrant Agent being conclusive evidence that the Warrant Certificate has been countersigned under this Agreement. At any time and from time to time after the execution and delivery of this Agreement, the Company may deliver Warrants Warrant Certificates executed by the Company to the Warrant Agent for countersignature. The Warrant Agent will countersign and deliver a number of Warrants Warrant Certificates for original issue convertible into in an aggregate number of Warrant Shares amount not to exceed the amount stated in the preamble hereto (except as may be adjusted pursuant to Article 6 hereof) hereof after receipt by the Warrant Agent of an Officers’ Certificate specifying: (i) the number amount and series of Warrants Warrant Certificates to be countersigned and the date on which the Warrants Warrant Certificates are to be countersigned, , (ii) whether the Warrants are to be issued as one or more Global Warrant Warrants or Certificated Warrants, and (iiiii) other information the Company may determine to include or the Warrant Agent may reasonably request.

Appears in 1 contract

Sources: Warrant Agreement (Trico Marine Services Inc)

Execution and Countersignature. (a) An Officer shall execute the Warrants Warrant Certificates for the Company by facsimile or manual signature in the name and on behalf of the Company. If an Officer officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant Certificate is countersigned, the Warrant will still be valid. (b) A Warrant will not be valid until the Warrant Agent manually countersigns the WarrantWarrant Certificate, with the signature conclusive evidence that the Warrant Certificate has been countersigned under this Agreement. At any time and from time to time after the execution and delivery of this Agreement, the Company may deliver Warrants Warrant Certificates executed by the Company to the Warrant Agent for countersignature. The Warrant Agent will countersign and deliver a number of Warrants Warrant Certificates for original issue convertible into in an aggregate number of Warrant Shares amount not to exceed the amount stated in the preamble hereto (except as may be adjusted pursuant to Article 6 hereof) hereof after receipt by the Warrant Agent of an Officers' Certificate specifying: (i) the number amount and series of Warrants Warrant Certificates to be countersigned and the date on which the Warrants Warrant Certificates are to be countersigned, , (ii) whether the Warrants are to be issued as one or more Global Warrant Warrants or Certificated Warrants, and (iiiii) other information the Company may determine to include or the Warrant Agent may reasonably request.

Appears in 1 contract

Sources: Warrant Agreement (Trico Marine Services Inc)

Execution and Countersignature. (a). (a) An Officer shall execute With respect to the Warrants for to be initially issued pursuant to the Company terms hereof, Warrant Certificates registered in such names and representing such number of Warrants as specified by facsimile or manual signature in the name and Warrant Agent shall be executed on behalf of the CompanyCompany by manual or facsimile signature by one Officer and attested by its Secretary or an Assistant Secretary. The Warrant Agent shall countersign such Warrant Certificate(s) by manual signature, and such Warrant Certificate(s) shall be delivered in accordance with the terms of the Plan of Reorganization and Section 2.1 hereof. With respect to all other Warrants, the Warrant Certificates therefor shall be executed on behalf of the Company by one Officer and attested by its Secretary or an Assistant Secretary. Such signature may be by manual or facsimile signature. If an Officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant is countersignedAgent countersigns the Warrant Certificate, the Warrant will still Certificate shall be valid. (b) valid nevertheless. A Warrant will Certificate shall not be valid until an authorized signatory of the Warrant Agent manually countersigns counter-signs the Warrant, with the Warrant Certificate. The signature shall be conclusive evidence that the Warrant Certificate has been countersigned under this Agreement. At any time and from time . (b) The Warrant Agent may appoint an agent reasonably acceptable to time after the execution and delivery of this Agreement, the Company may deliver Warrants executed by the Company to countersign the Warrant Certificate. Unless limited by the terms of such appointment, such agent may countersign the Warrant Certificate whenever the Warrant Agent may do so. Each reference in this Agreement to countersignature by the Warrant Agent includes by such agent. Such agent will have the same rights as the Warrant Agent for countersignature. The Warrant Agent will countersign service of notices and deliver a number of Warrants for original issue convertible into an aggregate number of Warrant Shares not to exceed the amount stated in the preamble hereto (except as may be adjusted pursuant to Article 6 hereof) after receipt by the Warrant of an Officers’ Certificate specifying (i) the number of Warrants to be countersigned and the date on which the Warrants are to be countersigned, (ii) whether the Warrants are to be issued as one or more Global Warrant or Certificated Warrants, and (iii) other information the Company may determine to include or the Warrant Agent may reasonably requestdemands.

Appears in 1 contract

Sources: Warrant Agreement (Mariner Health Care Inc)

Execution and Countersignature. (a) An Officer Two Officers shall execute sign ----------------------------- the Warrants Warrant Certificates for the Company by manual or facsimile signature. The Company's seal shall be impressed, affixed, imprinted or manual signature reproduced on the Warrant Certificate and may be in the name and on behalf of the Companyfacsimile form. If an Officer whose signature is on a Warrant Certificate no longer holds that office at the time the Warrant is countersignedAgent countersigns the Warrant Certificate, the Warrant will still Certificate shall nevertheless be valid. (b) . A Warrant will Certificate shall not be valid until an authorized signatory of the Warrant Agent manually countersigns the Warrant, with the Warrant Certificate. Such authorized signature shall be conclusive evidence that the Warrant Certificate has been countersigned under this Agreement. At any time The Warrant Agent shall initially countersign and from time deliver Warrant Certificates entitling the Holders thereof to time after purchase in the execution and delivery aggregate not more than 6,313,000 Warrant Shares upon a written order of this Agreement, the Company signed by two Officers or by an Officer and either an Assistant Treasurer or an Assistant Secretary of the Company. The Warrant Agent may deliver Warrants executed by appoint an agent reasonably acceptable to the Company to countersign the Warrant Certificates. Unless limited by the terms of such appointment, such agent may countersign Warrant Certificates whenever the Warrant Agent may do so. Each reference in this Agreement to countersignature by the Warrant Agent includes countersignature by such agent. Such agent will have the same rights as the Warrant Agent for countersignature. The Warrant Agent will countersign service of notices and deliver a number of Warrants for original issue convertible into an aggregate number of Warrant Shares not to exceed the amount stated in the preamble hereto (except as may be adjusted pursuant to Article 6 hereof) after receipt by the Warrant of an Officers’ Certificate specifying (i) the number of Warrants to be countersigned and the date on which the Warrants are to be countersigned, (ii) whether the Warrants are to be issued as one or more Global Warrant or Certificated Warrants, and (iii) other information the Company may determine to include or the Warrant Agent may reasonably requestdemands.

Appears in 1 contract

Sources: Warrant Agreement (Trans World Airlines Inc /New/)

Execution and Countersignature. (a) An With respect to Warrants issued in certificated form, if any, an Officer shall execute the Warrants for the Company by facsimile or manual signature in the name and on behalf of the Company. If an Officer whose signature is on a Warrant no longer holds that office at after the time the Warrant is countersigned, the Warrant will still be valid. (b) A Warrant in certificated form will not be valid until an authorized signatory of the Warrant Agent manually countersigns the Warrant, with by manual or facsimile signature, and the signature shall be conclusive evidence that the Warrant has been countersigned under this Agreement. At any time time, and from time to time after the execution and delivery of this Agreement, the Company may deliver Warrants executed by the Company to the Warrant Agent for countersignature. The An authorized signatory of the Warrant Agent will so countersign and deliver a number of Warrants for original issue convertible into an aggregate number of Warrant Shares not to exceed the amount stated in the preamble hereto (except as may be adjusted pursuant to Article 6 hereof) after receipt by the Warrant Agent of an Officers’ Certificate specifying specifying (i) the number of Warrants to be countersigned and the date on which the Warrants are to be countersigned, , (ii) whether the Warrants are to be issued as one or more Global Warrant Warrants or as Certificated Warrants, and Warrants and (iii) other information the Company may determine to include or the Warrant Agent may reasonably request.

Appears in 1 contract

Sources: Warrant Agreement (SM Energy Co)

Execution and Countersignature. (a) An Officer of the Company shall execute the Warrants for the Company by facsimile or manual signature in the name and on behalf of the Company. If an Officer of the Company whose signature is on a Warrant no longer holds that office at the time the Warrant is countersigned, the Warrant will still be valid. (b) A Warrant will not be valid until the Warrant Agent manually countersigns the Warrant, with the signature conclusive evidence that the Warrant has been countersigned under this Agreement. At any time and from time to time after the execution and delivery of this Agreement, the Company may deliver Warrants executed by the Company to the Warrant Agent for countersignature. The Warrant Agent will countersign and deliver a number of Warrants for original issue convertible into an aggregate number of Warrant Shares not to exceed the amount stated in the preamble hereto (except as may be adjusted pursuant to Article 6 hereof) after receipt by the Warrant Agent of an Officers’ Certificate specifying: (i) the number of Warrants to be countersigned and the date on which the Warrants are to be countersigned,; (ii) whether the Warrants are to be issued as one or more Global Warrant Warrants or Certificated Warrants, ; and (iii) other information the Company may determine to include or the Warrant Agent may reasonably request.

Appears in 1 contract

Sources: Warrant Agreement (Harvest Natural Resources, Inc.)

Execution and Countersignature. (a) An Officer shall execute the Warrants for the Company by facsimile or manual signature in the name and on behalf of the Company. If an Officer whose signature is on a Warrant no longer holds that office at the time the Warrant is countersigned, the Warrant will still be valid. (b) A Warrant will not be valid until the Warrant Agent manually countersigns the Warrant, with the signature conclusive evidence that the Warrant has been countersigned under this Agreement. At any time and from time to time after the execution and delivery of this Agreement, the Company may deliver Warrants executed by the Company to the Warrant Agent for countersignature. The Warrant Agent will countersign and deliver a number of Warrants for original issue convertible into in an aggregate number of Warrant Shares amount not to exceed the amount stated in the preamble hereto (except as may be adjusted pursuant to Article 6 hereof) hereof after receipt by the Warrant Agent of an Officers' Certificate specifying: (i) the number amount of Warrants to be countersigned and the date on which the Warrants are to be countersigned, , (ii) whether the Warrants are to be issued as one or more Global Warrant Warrants or Certificated Warrants, and (iiiii) other information the Company may determine to include or the Warrant Agent may reasonably request.

Appears in 1 contract

Sources: Series a Warrant Agreement (Conseco Inc)