Common use of Execution and Delivery of Warrant Certificates Clause in Contracts

Execution and Delivery of Warrant Certificates. Each Warrant Certificate, whenever issued, shall be in registered form substantially in the form set forth in Exhibit A hereto, shall be dated the date of its countersignature by the Warrant Agent and may have such No Warrant Certificate shall be valid for any purpose, and no Warrant evidenced thereby shall be exercisable, until such Warrant Certificate has been countersigned by the manual signature of the Warrant Agent. Such signature by the Warrant Agent upon any Warrant Certificate executed by the Company shall be conclusive evidence that the Warrant Certificate so countersigned has been duly issued hereunder. In case any officer of the Company who shall have signed any of the Warrant Certificates either manually or by facsimile signature shall cease to be such officer before the Warrant Certificates so signed shall have been countersigned and delivered by the Warrant Agent, such Warrant Certificates may be countersigned and delivered notwithstanding that the person who signed Warrant Certificates ceased to be such officer of the Company; and any Warrant Certificate may be signed on behalf of the Company by such persons as, at the actual date of the execution of such Warrant Certificate, shall be the proper officers of the Company, although at the date of the execution of this Agreement any such person was not such officer.

Execution and Delivery of Warrant Certificates. Each Warrant Certificate, whenever issued, shall be in registered form substantially in the form set forth in Exhibit A hereto, shall be dated the date of its countersignature by the Warrant Agent and may have such letters, numbers, or other marks of identification or designation and such legends or 1. 153192297 v2 No Warrant Certificate shall be valid for any purpose, and no Warrant evidenced thereby shall be exercisable, until such Warrant Certificate has been countersigned by the manual signature of the Warrant Agent. Such signature by the Warrant Agent upon any Warrant Certificate executed by the Company shall be conclusive evidence that the Warrant Certificate so countersigned has been duly issued hereunder. In case any officer of the Company who shall have signed any of the Warrant Certificates either manually or by facsimile signature shall cease to be such officer before the Warrant Certificates so signed shall have been countersigned and delivered by the Warrant Agent, such Warrant Certificates may be countersigned and delivered notwithstanding that the person who signed Warrant Certificates ceased to be such officer of the Company; and any Warrant Certificate may be signed on behalf of the Company by such persons as, at the actual date of the execution of such Warrant Certificate, shall be the proper officers of the Company, although at the date of the execution of this Agreement any such person was not such officer.

Execution and Delivery of Warrant Certificates. Each Warrant Certificate, whenever issued, shall be in registered form substantially in the form set forth in Exhibit A hereto, shall be dated the date of its countersignature by the Warrant Agent and may have such letters, numbers, or other marks of identification or designation and such legends or endorsements printed, lithographed or engraved thereon as the officers of the Company executing the same may approve (execution thereof to be conclusive No Warrant Certificate shall be valid for any purpose, and no Warrant evidenced thereby shall be exercisable, until such Warrant Certificate has been countersigned by the manual signature of the Warrant Agent. Such signature by the Warrant Agent upon any Warrant Certificate executed by the Company shall be conclusive evidence that the Warrant Certificate so countersigned has been duly issued hereunder. In case any officer of the Company who shall have signed any of the Warrant Certificates either manually or by facsimile signature shall cease to be such officer before the Warrant Certificates so signed shall have been countersigned and delivered by the Warrant Agent, such Warrant Certificates may be countersigned and delivered notwithstanding that the person who signed such Warrant Certificates ceased to be such officer of the Company; and any Warrant Certificate may be signed on behalf of the Company by such persons as, at the actual date of the execution of such Warrant Certificate, shall be the proper officers of the Company, although at the date of the execution of this Agreement any such person was not such officer.

Execution and Delivery of Warrant Certificates. Each Warrant Certificate, whenever issued, shall be in registered form substantially in the form set forth in Exhibit A hereto, shall be dated (i) At any time and from time to time on or after the date of its countersignature this Agreement, Warrant Certificates evidencing the Investor Warrants may be executed by the Company and delivered to the Warrant Agent for countersignature, and the Warrant Agent shall, when, as and if directed by the Company in writing, countersign and deliver such Warrant Certificates to the respective Persons entitled thereto, as specified by the Company. The Warrant Agent is further hereby authorized to countersign and deliver Warrant Certificates as required by this Section 2(b), Section 2(c), Section 3(b)(iii), Section 4(a), Section 9(a), Section 10. (ii) The Warrant Certificates shall be executed in the corporate name and on behalf of the Company by any of the Chairman of the Board, the Chief Executive Officer, the Chief Financial Officer or any one of the Executive Vice Presidents, Senior Vice Presidents or Vice Presidents of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be countersigned by the Warrant Agent and may have such No Warrant Certificate shall not be valid for any purpose, and no Warrant evidenced thereby shall be exercisable, until such Warrant Certificate has been countersigned by the manual signature of the Warrant Agent. Such signature by the Warrant Agent upon any Warrant Certificate executed by the Company shall be conclusive evidence that the Warrant Certificate purpose unless so countersigned has been duly issued hereundercountersigned. In case any officer of the Company who whose signature shall have signed been placed upon any of the Warrant Certificates either manually or by facsimile signature shall cease to be such officer of the Company before the Warrant Certificates so signed shall have been countersigned and delivered countersignature by the Warrant AgentAgent and issue and delivery thereof, such Warrant Certificates may may, nevertheless, be countersigned by the Warrant Agent and issued and delivered notwithstanding that with the same force and effect as though such person who signed Warrant Certificates had not ceased to be such officer of the Company; , and any Warrant Certificate may be signed on behalf of the Company by such persons person as, at the actual date of the execution of such Warrant Certificate, shall be the a proper officers officer of the Company, although at the date of the execution of this Agreement any such person was not such officer.

Execution and Delivery of Warrant Certificates. Each Warrant CertificateCertificates evidencing the Warrants which may be countersigned and delivered under this Agreement are limited to Warrant Certificates evidencing an aggregate number of 3,068,182 Warrants except for Warrant Certificates countersigned and delivered upon registration of, whenever issuedtransfer of, or in exchange for, or in lieu of, one or more previously countersigned Warrant Certificates pursuant this Agreement. The Warrant Certificates shall be in registered form substantially executed, either by manual or facsimile signature, in the form set forth in Exhibit A heretocorporate name and on behalf of the Company by its Chief Executive Officer, President, Chief Financial Officer, Treasurer, or any Assistant Treasurer under corporate seal reproduced thereon and attested to by the Secretary or any Assistant Secretary of the Company, either manually or by facsimile signature printed thereon. The Warrant Certificates shall be dated the date of its countersignature countersigned, either by manual or facsimile signature, by the Warrant Agent and may have such No Warrant Certificate shall not be valid for any purpose, and no Warrant evidenced thereby shall be exercisable, until such Warrant Certificate has been countersigned by the manual signature of the Warrant Agent. Such signature by the Warrant Agent upon any Warrant Certificate executed by the Company shall be conclusive evidence that the Warrant Certificate purpose unless so countersigned has been duly issued hereundercountersigned. In case any officer of the Company who whose signature shall have signed been placed upon any of the Warrant Certificates either manually or by facsimile signature shall cease to be such officer of the Company before the Warrant Certificates so signed shall have been countersigned and delivered countersignature by the Warrant AgentAgent and issue and delivery thereof, such Warrant Certificates may may, nevertheless, be countersigned by the Warrant Agent and issued and delivered notwithstanding that with the same force and effect as though such person who signed Warrant Certificates had not ceased to be such officer of the Company; , and any Warrant Certificate may be signed on behalf of the Company by such persons person as, at the actual date of the execution of such Warrant Certificate, shall be the a proper officers officer of the Company, although at the date of the execution of this Agreement any such person was not such officer.

Execution and Delivery of Warrant Certificates. Each Warrant Certificate, whenever issued, Certificates evidencing Series 1 Warrants shall be in registered form substantially in the form set forth in Exhibit A hereto, shall be dated the date of its countersignature by the Warrant Agent and may have such No Warrant Certificate shall be valid for any purpose, and no Warrant evidenced thereby shall be exercisable, until such Warrant Certificate has been countersigned by the manual signature of the Warrant Agent. Such signature by the Warrant Agent upon any Warrant Certificate executed by the Company and delivered on the Series 1 Determination Date to the Holders of Notes on such date, to each such Holder in the same proportion that the principal amount then outstanding under the Notes then held by such Holder bears to the aggregate principal amount then outstanding under all Notes. If any principal amount remains owing under the Notes on any Additional Determination Date, then Warrant Certificates evidencing Additional Warrants as applicable on any such Additional Determination Date shall be conclusive evidence executed by the Company and delivered on the Additional Determination Date to the Holders of Notes on such date, to each such Holder in the same proportion that the principal amount then outstanding under the Notes then held by such Holder bears to the aggregate principal amount then outstanding under all Notes. The Warrant Certificate so countersigned has been duly issued hereunderCertificates shall be executed on behalf of the Company by its Chairman of the Board, Chief Executive Officer, President or by any of its Vice Presidents, either manually or by facsimile signature printed thereon. In case any officer of the Company who whose manual or facsimile signature has been placed upon any Warrant Certificate shall have signed any of the Warrant Certificates either manually or by facsimile signature shall cease to be such officer before the Warrant Certificates so signed shall have been countersigned and delivered by the Warrant Agent, such Warrant Certificates may be countersigned and delivered notwithstanding that the person who signed Warrant Certificates ceased to be such officer of the Company; and any before such Warrant Certificate is issued, it may be signed on behalf of issued with the Company by same effect as if such persons as, at the actual date of the execution of officer had not ceased to be such Warrant Certificate, shall be the proper officers of the Company, although at the date of the execution of this Agreement any such person was not such officerissuance.