Form and Terms of Warrants Clause Samples
The 'Form and Terms of Warrants' clause defines the specific structure and conditions under which warrants are issued in a contractual agreement. It typically outlines details such as the exercise price, expiration date, and the rights and obligations of both the issuer and the holder of the warrants. For example, it may specify how and when the warrants can be exercised and any restrictions on transferability. This clause ensures that both parties have a clear understanding of the warrant's mechanics, reducing the risk of disputes and providing certainty regarding the terms of the warrant instrument.
Form and Terms of Warrants. (1) The Warrants may be issued in either certificated or uncertificated form. The Warrant Certificates shall be substantially in the form attached as Schedule "A" hereto, subject to the provisions of this Indenture, with such additions, variations and changes as may be required or permitted by the terms of this Indenture, and to give effect to any Warrants not being issued as Uncertificated Warrants, and which may from time to time be agreed upon by the Warrant Agent and the Company, and shall have such legends, distinguishing letters and numbers as the Company may, with the approval of the Warrant Agent, prescribe. Except as hereinafter provided in this Article 2, all Warrants shall, save as to denominations, be of like tenor and effect. The Warrant Certificates may be engraved, printed, lithographed, photocopied or be partially in one form or another, as the Company may determine. No change in the form of the Warrant Certificate shall be required by reason of any adjustment made pursuant to this Article 2 in the number and/or class of securities or type of securities or property that may be acquired pursuant to the Warrants. All Warrants issued to CDS may be in either a certificated or uncertificated form, such uncertificated form being evidenced by a book position on the register of Warrantholders to be maintained by the Warrant Agent in accordance with Section 2.8.
(2) Each Warrant authorized to be issued hereunder shall entitle the registered holder thereof to acquire (subject to sections 2.13, 2.14 and 2.15) upon due exercise and upon the transaction instruction or due execution of the exercise form endorsed on the Warrant Certificate, as applicable, or other instrument of exercise in such form as the Warrant Agent and/or the Company may from time to time prescribe and upon payment of the Exercise Price, one Warrant Share or such other kind and amount of shares or securities or property, calculated pursuant to the provisions of sections 2.13 and 2.14, as the case may be, at any time after the date of issuance of such Warrants and prior to the Time of Expiry, in accordance with the provisions of this Indenture.
(3) Fractional Warrants shall not be issued or otherwise provided for. If any fraction of a Warrant would otherwise be issuable and result in a fraction of a Warrant Share being issuable, any such fractional Warrant so issued shall be rounded down to the nearest whole Warrant without compensation therefor.
Form and Terms of Warrants. 8 2.3 Signing of Warrant Certificates................................................... 9 2.4 Certification by the Trustee...................................................... 9 2.5 Warrantholder Not a Shareholder, Etc.............................................. 9 2.6 Issue in Substitution for Lost Warrant Certificates............................... 10 2.7 Warrants to Rank Pari Passu....................................................... 10 2.8
Form and Terms of Warrants. (1) Subject to the provisions hereof, up -------------------------- to an aggregate of 1,758,058 Warrants are hereby authorized to be created by the Sellers and each whole Warrant, together with payment of the Purchase Price prior to the Expiry Time, shall entitle a holder thereof to acquire one Common Share (or other kind and amount of shares and securities or property calculated pursuant to the provisions of Article 4, as the case may be) at any time after their issue and on or prior to the Expiry Time.
(2) The Warrants shall be executed by the Corporation, in the case of the Primary Warrants, or 1184041 or ▇▇▇▇▇▇ in the case of the Secondary Warrants, and certified by the Agent and shall be in registered form and the Warrant Certificates shall be substantially in the form set out in Schedule "A" hereto with, subject to the provisions of this Indenture, such additions, variations and/or omissions as may from time to time be agreed upon between the Sellers and the Agent and as otherwise provided by this Indenture, and shall be numbered in such manner as the Sellers, with the approval of the Agent, may prescribe. All Warrants shall, save as to denominations, be of like tenor and effect. The Warrant Certificates may be reproduced or printed in such form (except as to content) as the Corporation may determine. No change in the form of the Warrant Certificates shall be required (except as to content) by reason of any adjustment made pursuant to Article 4.
Form and Terms of Warrants. (a) Subject to Section 2.9(d) the Warrants may be issued pursuant to the Book-Based System and may be represented by a Global Warrant. The Global Warrant shall be held by, or on behalf of, the Depository as depository of the Participants in the Book-Based System and shall be registered in the name of “CEDE & Co.” (or such other name as the Depository may use from time to time as its nominee for the purposes of the Book-Based System). In the event that the Warrants are issued pursuant to the Book-Based System, no beneficial holder will receive Definitive Warrants representing their beneficial ownership in Warrants unless the Corporation determines to terminate the Book-Based System or the other conditions set forth in Section 2.9(d) have been satisfied.
(b) The Warrant Certificates (including all replacements issued in accordance with this Indenture) shall be substantially in the form set out in Schedule “A” hereto, shall bear such legends and distinguishing letters and numbers as the Corporation may, with the approval of the Trustee, prescribe, and shall be issuable in any denomination excluding fractions. The aggregate amount of the Global Warrants may from time to time be increased or decreased by notations made on the Global Warrant by the Trustee, subject in each case to compliance with the Applicable Procedures and each Global Warrant shall bear a legend substantially in the following form subject to modification as required by the Depository: “Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Corporation or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Unless and until it is exchanged in whole or in part for Securities in definitive registered form, this certificate may not be transferred except as a whole by DTC to a nominee of DTC or by a nominee of DTC to DTC or another nominee of DTC or by DTC or any such nominee to a successor Depositary or a nominee of such successor Depositary.”
(c) Each Global Warrant shall ...
Form and Terms of Warrants. (a) The Warrant Certificates shall be substantially in the form set out in Schedule A hereto, shall be dated as of the date hereof (regardless of their actual date of issue), shall be fully registered and shall have such distinguishing letters and numbers as the Company may, with the approval of the Trustee, prescribe and may include a translation into the French language. Warrant Certificates may be typewritten, engraved, lithographed, printed or mimeographed as the Company may determine. No change in the form of the Warrant Certificate shall be required by reason of any adjustment made pursuant to this Article 2.
(b) Each Warrant authorized to be issued hereunder shall entitle the holder thereof to purchase (subject to Sections 2.13, 2.14 and 3.1), for the Exercise Price, one Common Share, or such other kind and amount of Underlying Securities calculated pursuant to the provisions of Sections 2.13 and 2.14, as the case may be, at any time after the issuance of such Warrant and prior to the Expiry Time in accordance with the provisions of this Indenture.
(c) Any legends to be typed on to the Warrant Certificates or the Underlying Securities shall be typed thereon in accordance with the provisions of this Indenture upon the written direction of the Company. The Trustee and the Company shall have no duty to ensure that the Warrantholders comply with the provisions of any such legend.
Form and Terms of Warrants.
(a) The Warrants may be issued as Certificated Warrants or as Uncertificated Warrants. All Warrants issued in certificated form shall be evidenced by a Certificated Warrant (including all replacements issued in accordance with this Warrant Indenture), substantially in the form set out in Schedule “A” hereto, which shall be dated as of the Issue Date, shall bear such distinguishing letters and numbers as the Corporation may, with the approval of the Trustee, prescribe, and shall be issuable in any denomination excluding fractions. All Warrants issued to the Depository may be in either a certificated or uncertificated form, such uncertificated form being evidenced by a book position on the register of Holders to be maintained by the Trustee.
(b) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied, each Warrant shall entitle the Holder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one Warrant Debenture upon payment of the Exercise Price.
(c) Warrant Debentures shall be issued on the terms of and pursuant to the Warrant Indenture.
(d) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Debentures. Any fractional Warrants shall be rounded down to the nearest whole number.
(e) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Warrant Indenture.
(f) All Warrants shall rank equally and without preference over each other, whatever may be the actual date of issue thereof.
Form and Terms of Warrants. (a) Each Special Warrant authorized to be issued hereunder shall entitle the holder thereof to acquire one Common Share at any time from the issue thereof until the Time of Expiry.
(b) The number of Common Shares which may be acquired pursuant to the Special Warrants may be adjusted in the events and in the manner specified in Article IV.
(c) The Special Warrants Certificate (including the exercise form) shall be substantially in the form set out in Schedule 2.03(c), shall be dated as of the Issue Date, shall bear such distinguishing letters and numbers as the Corporation shall with the approval of the Trustee prescribe, and shall be issuable in any denomination, excluding fractions.
Form and Terms of Warrants. 5 2.3 Warrantholder not a Shareholder............................................6 2.4 Warrants to Rank Pari Passu................................................6 2.5 Signing of Warrants........................................................6 2.6
Form and Terms of Warrants. (1) Subject to the provisions hereof, up -------------------------- to an aggregate of 3,832,675 Warrants are hereby authorized to be created by the Corporation and each whole Warrant, together with payment of the Purchase Price prior to the Expiry Time, shall entitle a holder thereof to acquire one Common Share (or other kind and amount of shares and securities or property calculated pursuant to the provisions of Article 4, as the case may be) at any time after their issue and on or prior to the Expiry Time.
(2) The Warrants shall be executed by the Corporation and certified by the Agent and shall be in registered form and the Warrant Certificates shall be substantially in the form set out in Schedule "A" hereto with, subject to the provisions of this Indenture, such additions, variations and/or omissions as may from time to time be agreed upon between the Corporation and the Agent and as otherwise provided by this Indenture, and shall be numbered in such manner as the Corporation, with the approval of the Agent, may prescribe. All Warrants shall, save as to denominations, be of like tenor and effect. The Warrant Certificates may be reproduced or printed in such form (except as to content) as the Corporation may determine. No change in the form of the Warrant Certificates shall be required (except as to content) by reason of any adjustment made pursuant to Article 4.
Form and Terms of Warrants. 10 2.3 Holder not a Debenture Holder or a Shareholder. 11