Common use of Temporary Warrant Certificates Clause in Contracts

Temporary Warrant Certificates. Warrants sold in offshore transactions in reliance on Regulation S ("Regulation S") under the Securities Act of 1993, as amended (the Securities Act") will initially be represented by one or more permanent legended global Warrants in definitive, fully registered form (each a "Legended Regulation S Global Warrant"). The Company may execute, and the Warrant Agent shall authenticate and deliver Legended Regulation S Global Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as of the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. The Legended Regulation S Global Warrants will be exchangeable for one or more unlegended permanent global Warrants on or after one year following the Issue Date upon certification that the beneficial interests in such global Warrants are owned by non-U.S. persons at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more Legended Regulation S Global Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more unlegended permanent global Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a Legended Regulation S Global Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of an unlegended permanent global Warrant Certificate; provided that prior to one year after the Issue Date, beneficial interests in the Legended Regulation S Global Warrant may be only held through Euroclear or Cedel Bank. Cedel Bank and Euroclear will hold interests in the Global Warrant on behalf of the participants through the Depositary.

Temporary Warrant Certificates. Any Warrants sold in offshore transactions in reliance on Regulation S ("Regulation S") under the Securities Act of 1993, as amended (the Securities Act") will initially be represented by one or more permanent legended global Warrants in definitive, fully registered form (each a "Legended Regulation LEGENDED REGULATION S Global WarrantGLOBAL WARRANT"). The Company may execute, and the Warrant Agent shall authenticate and deliver deliver, Legended Regulation S Global Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as of the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. The Legended Regulation S Global Warrants will be exchangeable for one or more unlegended permanent global Warrants on or after one year following the Issue Date (as defined herein) upon certification that the beneficial interests in such global Warrants are owned by non-U.S. persons at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more Legended Regulation S Global Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more unlegended permanent global Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a Legended Regulation S Global Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of an unlegended permanent global Warrant Certificate; provided Certificate PROVIDED that prior to one year after the Issue Date, beneficial interests in the Legended Regulation S Global Warrant may be only held through Euroclear or Cedel Bank. Cedel Bank and Euroclear will hold interests in the Global Warrant on behalf of the their participants through the DepositaryDTC.

Temporary Warrant Certificates. Warrants sold in offshore transactions in reliance on Regulation S ("Regulation S") under the Securities Act of 1993, as amended (the Securities Act") will initially be represented by one or more permanent legended global Warrants in definitive, fully registered form (each a "Legended Regulation S Global Warrant"). The Company may execute, and the Warrant Agent shall authenticate and deliver deliver, Legended Regulation S Global Warrant Certificates, which are printed, lithographed, typewritten or otherwise produced, substantially of the tenor of the definitive Warrant Certificates in lieu of which they are issued and with such appropriate insertions, omissions, substitutions and other variations as of the officers executing such Warrant Certificates may determine, as evidenced by their execution of such Warrant Certificates. The Legended Regulation S Global Warrants will be exchangeable for one or more unlegended permanent global Warrants on or after one year following the Issue Date upon certification that the beneficial interests in such global Warrants are owned by non-U.S. persons at any office or agency maintained by the Company for that purpose pursuant to Section 1.10 hereof. Subject to the provisions of Section 4.01 hereof, such exchange shall be without charge to the holder. Upon surrender for cancellation of any one or more Legended Regulation S Global Warrant Certificates, the Company shall execute, and the Warrant Agent shall authenticate and deliver in exchange therefor, one or more unlegended permanent global Warrant Certificates representing in the aggregate a like number of Warrants. Until so exchanged, the holder of a Legended Regulation S Global Warrant Certificate shall in all respects be entitled to the same benefits under this Agreement as a holder of an unlegended permanent global Warrant Certificate; Certificate provided that prior to the later of (i) the 40th day after the Issue Date and (ii) one year after the Issue DateDate with respect to the Warrants, beneficial interests in the Legended Regulation S Global Warrant may be only held through Euroclear or Cedel Bank. Cedel Bank and Euroclear will hold interests in the Global Warrant on behalf of the their participants through the DepositaryDTC.