As we speak’s High 10 is all about DIY’s! In reference to such meeting, the Firm shall prepare (and the Investor will moderately cooperate with the Firm to arrange) and file with the SEC as promptly as practicable (however in no occasion more than ten enterprise days after the Closing) a preliminary proxy assertion, shall use its affordable best efforts to reply to any feedback of the SEC or its staff thereon and to cause a definitive proxy statement associated to such stockholders meeting to be mailed to the Companys stockholders not more than 5 enterprise days after clearance thereof by the SEC, and shall use its affordable best efforts to solicit proxies for such stockholder approval of the Stockholder Proposals.
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This certifies that, for value received, the United States Department of the Treasury or its permitted assigns (the Warrantholder) is entitled, upon the terms and topic to the circumstances hereinafter set forth, to amass from the Company, in whole or partially, after the receipt of all applicable Regulatory Approvals, if any, up fashion dress to an aggregate of the number of totally paid and nonassessable shares of Frequent Inventory set forth in Merchandise 6 of Schedule A hereto, at a purchase price per share of Widespread Stock equal to the Train Value.
(b) Subject to the achievement or waiver of the circumstances to the Closing on this Part 1.2, at the Closing the Company will ship the Most well-liked Shares and the Warrant, in each case as evidenced by one or more certificates dated the Closing Date and bearing appropriate legends as hereinafter supplied for, in trade for payment in stuffed with the Purchase Worth by wire switch of immediately out there United States funds to a bank account designated by the Company on Schedule A.
Upon receipt by the Firm of proof fairly satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in the case of any such loss, theft or destruction, upon receipt of a bond, indemnity or safety reasonably passable to the Company, or, in the case of any such mutilation, upon give up and cancellation of this Warrant, the Company shall make and ship, in lieu of such lost, stolen, destroyed or mutilated Warrant, a new Warrant of like tenor and representing the proper to purchase the identical combination variety of Shares as offered for in such lost, stolen, destroyed or mutilated Warrant.