Warrant Register Contract Clauses (202)

Warrant Register. The Company shall keep and properly maintain at its principal executive offices books for the registration of the this Warrant and any transfers thereof. The Company may deem and treat the Person holder in whose name the this Warrant is registered on such register as the Holder thereof and absolute owner hereof for all purposes, and the Company shall not be affected by any notice to the contrary, except any assignment, division, combination or other transfer of the Warrant effected in... accordance with the provisions of this Warrant. View More

Warrant Register. The Company shall keep and properly maintain at its principal executive offices office books and records for the registration of the this Warrant and any transfers thereof. The Company (a) may deem and treat the Person in whose name the this Warrant is registered on such register books as the Holder thereof for all purposes, purposes and the Company (b) shall not be affected by any notice to the contrary, except any assignment, division, combination or other transfer of the this Warrant... effected in accordance with the provisions of this Warrant. hereof. View More

Warrant Register. The Company shall keep and properly maintain at its principal executive offices books for the registration of the this Warrant and any transfers thereof. of this Warrant. The Company may deem and treat the Person in whose name the Warrant is registered on such the register as the Holder thereof for all purposes, and the Company shall not be affected by any notice to the contrary, except any assignment, division, combination or other transfer of the Warrant effected in accordance with the... provisions of this Warrant. View More

Warrant Register. The Company shall keep and properly maintain at its principal executive offices books for the registration of the Warrant and any transfers thereof. The Company may deem and treat the Person in whose name the Warrant is registered on such register as the Holder thereof for all purposes, and the Company shall not be affected by any notice to the contrary, except any assignment, division, combination or other transfer of the Warrant effected in accordance with the provisions of this Warrant. 14... 12. 18 15. Notices. All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or e-mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next Business Day if sent after normal business hours of the recipient; or (d) on the fifth third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses indicated below (or at such other address for a party as shall be specified in a notice given in accordance with this Section 12). 15). If to the Company: 1108 SE Strathmore Drive Port Saint Lucie, FL 34952 EVO Transportation & Energy Services, Inc 8285 West Lake Pleasant Parkway, Peoria, AZ, USA, 85382 Facsimile: 623-777-1408 E-mail: [email protected] Attention: Paul Mann Shirley Mays, General Counsel If to the Holder: At the address set forth on the signature page 13. Antara Capital LP 500 Fifth Avenue, Suite 2320 New York, New York 10110 with a copy to: Milbank LLP 2029 Century Park East, 33rd Floor Los Angeles, CA 90067 Attention: Adam Moses E-mail: [email protected] 16. Cumulative Remedies. Except to the extent expressly provided in Section 8 to the contrary, the rights and remedies provided in this Warrant are cumulative and are not exclusive of, and are in addition to and not in substitution for, any other rights or remedies available at law, in equity or otherwise. View More

Warrant Register. The Company shall keep and properly maintain at its principal executive offices books for the registration of the Warrant and any transfers thereof. The Company may deem and treat the Person in whose name the Warrant is registered on such register as the Holder thereof for all purposes, and the Company shall not be affected by any notice to the contrary, except any assignment, division, combination or other transfer of the Warrant effected in accordance with the provisions of this Warrant. 14 12 12. Notices. All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or e-mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next Business Day if sent after normal business hours of the recipient; or (d) on the fifth third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses indicated below (or at such other address for a party as shall be specified in a notice given in accordance with this Section 12). If to the Company: 1108 SE Strathmore Drive Port Saint Lucie, FL 34952 Biohaven Pharmaceutical Holding Company Ltd. 234 Church Street, Suite 301 New Haven, CT 06520 E-mail: [email protected] Attention: Paul Mann Vice President If to the Holder: At the address set forth on the signature page ALS Biopharma LLC 3805 Old Easton Road Doyletown, PA 18902 E-mail: [email protected] Attention: Allen B. Reitz, Ph.D. 13. Cumulative Remedies. Except to the extent expressly provided in Section 8 7 to the contrary, the rights and remedies provided in this Warrant are cumulative and are not exclusive of, and are in addition to and not in substitution for, any other rights or remedies available at law, in equity or otherwise. View More

Warrant Register. The Company shall register ownership of this Warrant, upon records to be maintained by the Company for that purpose (the "Warrant Register"), in the name of the record Holder hereof (which shall include the initial Holder or, as the case may be, any assignee to which this Warrant is assigned hereunder) from time to time. The Company may deem and treat the registered Holder of this Warrant as the absolute owner hereof for the purpose of any exercise hereof or any distribution to the Holder, and... for all other purposes, absent actual notice to the contrary. View More

Warrant Register. The Company shall register ownership of this Warrant, upon records to be maintained by the Company for that purpose (the "Warrant Register"), in the name of the record Holder hereof (which shall include the initial Holder or, as the case may be, any assignee to which this Warrant is assigned hereunder) from time to time. The Company may deem and treat the registered Holder of this Warrant as the absolute owner hereof for the purpose of any exercise hereof or any distribution to the Holder, and... for all other purposes, absent actual notice to the contrary. View More

Warrant Register. The Company shall register ownership of this Warrant, upon records to be maintained by the Company for that purpose (the "Warrant Register"), in the name of the record Holder hereof (which shall include the initial Holder or, as the case may be, any registered assignee to which this Warrant is assigned hereunder) from time to time. The Company may deem and treat the registered Holder of this Warrant as the absolute owner hereof for the purpose of any exercise hereof or any distribution to the... Holder, and for all other purposes, absent actual notice to the contrary. View More

Warrant Register. The Partnership (or the General Partner on its behalf) shall keep and properly maintain at its principal executive offices books for the registration of the Warrant and any transfers thereof. The Partnership may deem and treat the Person in whose name the Warrant is registered on such register as the Holder thereof for all purposes, and the Partnership shall not be affected by any notice to the contrary, except any assignment, division, combination or other transfer of the Warrant effected in... accordance with the provisions of this Warrant. View More

Warrant Register. The Warrant Agent shall maintain books ("Warrant (the "Warrant Register") for the registration of the original issuance and the registration of any transfer transfers of the Warrants. Upon the initial issuance of the Warrants, the Warrant Agent shall issue and register the Warrants in the names of the respective Holders holders thereof in such denominations and otherwise in accordance with instructions delivered to the Warrant Agent by the Company. To Except as provided in this Section 2.3.1,... upon the initial issuance of the Warrants, to the extent the Warrants are "Fast Automated Securities Transfer eligible" Depository Trust Company ("Depository") eligible as of the Issuance Date, and the Warrant Agent receives a properly executed Deposit and Withdrawal at Custodian (DWAC)/Direct Registration System (DRS) request relating to such Warrants, date, all of the Warrants shall initially be represented by one or more Book-Entry Warrant Certificates reflecting book-entry of ownership (each a "Book-Entry Warrant Certificate"), deposited with the Depository Trust Company (the "Depository") and registered in the name of Cede & Co., a nominee of the Depository. Ownership of beneficial interests in the Book-Entry Warrant Certificates shall be shown on, and the transfer of such ownership shall be effected through, records maintained (i) by the Depository or its nominee for each Book-Entry Warrant Certificate, with respect to which the Warrant Agent shall have no obligation or control; Certificate; (ii) by institutions that have accounts with the Depository (such institution, with respect to a Warrant in its account, a "Participant"), with respect to which the Warrant Agent shall have no obligation or control; "Participant"); or (iii) directly on the book-entry records of the Warrant Agent with respect only to owners of beneficial interests that represent request such direct registration. If the Warrants are not "DTC eligible" as of DTC-eligible at the Issuance Date issuance date or the Depository subsequently ceases to make its book-entry settlement system available for the Warrants, the Company may instruct the Warrant Agent to make regarding making other arrangements for book-entry settlement within ten (10) Business Days (as defined below) after the Depository ceases to make its book-entry settlement available. In the event that the Company does not make alternative arrangements for book-entry settlement within ten (10) Business Days Days, or the Warrants are not eligible for, or it is no longer necessary to have the Warrants available in, book-entry form, the Warrant Agent shall provide written instructions, upon receipt of instructions from the Company, to the Depository to deliver to the Warrant Agent for cancellation each Book-Entry Warrant Certificate, and the Company shall instruct the Warrant Agent to deliver to the Depository holder definitive Warrant Certificates in physical form evidencing such Warrants. Such definitive Warrant Certificates shall be in substantially the form annexed hereto as Exhibit A. 2.3.2. Registered Holder; Beneficial Owner. Owners. Prior to due presentment for registration of transfer of any Warrant, the Company and the Warrant Agent may deem and treat the person Person (as defined in the Warrant Certificate) in whose name such Warrant shall be registered upon the Warrant Register ("registered holder"), ("Registered Holder") as the absolute owner of such Warrant and of each Warrant represented thereby (notwithstanding any notation of ownership or other writing on the Warrant Certificate made by anyone other than the Company or the Warrant Agent), for the purpose of any exercise thereof, and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary. Any person The term "beneficial owner" shall mean any Person in whose name ownership of a beneficial interest in the Warrants evidenced by a Book-Entry Warrant Certificate is recorded in the records maintained by the Depository or its nominee or a Participant. 2 2.4.Separate Issuance of Warrants. The Common Shares and the Warrants shall be deemed the "beneficial owner" thereof; provided, that all such beneficial interests issued separately and shall be held through a Participant which shall be transferable separately immediately upon issuance. The Common Shares and the registered holder of such Warrants. As used herein, Warrants will begin to trade separately on or promptly after the term "Holder" refers only to a registered holder date that is the effective date of the Warrants. 2.4.Uncertificated Registration Statement. 2.5.Uncertificated Warrants. Notwithstanding the foregoing and anything else herein to the contrary, the Warrants may be issued in uncertificated form. form if so specified by the Company. 2.6.Opinion of Counsel. The Company shall provide an opinion of counsel to the Warrant Agent prior to the issuance of the Warrants to set up a reserve of Warrants and related Warrant Shares. The opinion shall state that: (a) the offer and sale of all Warrants or Warrant Shares, as applicable, are registered under the Securities Act of 1933, as amended, or are exempt from such registration; and (b) all Warrants or Warrant Shares, as applicable, are validly issued, fully paid and non-assessable. View More