Warrants
Pursuant to the Joint Plan, the Company issued Warrants to purchase 15,606,936 shares of Common Stock. The following summary of certain provisions of the Warrants may not contain all of the information that is important to you and is qualified in its entirety by reference to the form of warrant agreement (the “Warrant Agreement”) filed as Exhibit 4.1 hereto. Capitalized terms used in this section, but not otherwise defined herein, shall have the terms ascribed to them in the Warrant Agreement.
Term. The Warrants are exercisable from the date of the Warrant Agreement until 5:00 p.m., New York City time, on the fifth anniversary of the date of issuance of the warrants (the “Expiration Date”).
Warrants Outstanding. As of the date hereof, there are 15,606,936 Warrants outstanding.
Exercise Amount. The Warrants will entitle the holders to purchase initially an aggregate of up to 15,606,936 shares of Common Stock. The maximum number of shares of Common Stock issuable pursuant to each Warrant is one (the “Warrant Number”).
Exercise Price. The exercise price of each Warrant to receive one share of Common Stock is initially set at $40.00 per share, and may be adjusted pursuant to the adjustment provisions summarized below.
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