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East India Co Acquisition Corp. – IPO: ‘S-1’ on 6/13/06 – EX-4.3

On:  Tuesday, 6/13/06, at 12:30pm ET   ·   Accession #:  1144204-6-24543   ·   File #:  333-134968

Previous ‘S-1’:  None   ·   Next & Latest:  ‘S-1/A’ on 8/8/06

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 6/13/06  East India Co Acquisition Corp.   S-1                   24:1.9M                                   Vintage/FA

Initial Public Offering (IPO):  Registration Statement (General Form)   —   Form S-1
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: S-1         Registration Statement (General Form)               HTML    448K 
 2: EX-1.1      Underwriting Agreement                              HTML    248K 
 3: EX-1.2      Underwriting Agreement                              HTML     37K 
 4: EX-3.1      Articles of Incorporation/Organization or By-Laws   HTML     37K 
 5: EX-3.2      Articles of Incorporation/Organization or By-Laws   HTML     94K 
 6: EX-4.1      Instrument Defining the Rights of Security Holders  HTML     22K 
 7: EX-4.2      Instrument Defining the Rights of Security Holders  HTML     23K 
 8: EX-4.3      Instrument Defining the Rights of Security Holders  HTML     25K 
 9: EX-4.4      Instrument Defining the Rights of Security Holders  HTML    113K 
10: EX-4.5      Instrument Defining the Rights of Security Holders  HTML     98K 
11: EX-5.1      Opinion re: Legality                                HTML     18K 
12: EX-10.1     Material Contract                                   HTML     36K 
21: EX-10.10    Material Contract                                   HTML     24K 
22: EX-10.11    Material Contract                                   HTML    106K 
23: EX-10.12    Material Contract                                   HTML     20K 
13: EX-10.2     Material Contract                                   HTML     36K 
14: EX-10.3     Material Contract                                   HTML     36K 
15: EX-10.4     Material Contract                                   HTML     28K 
16: EX-10.5     Material Contract                                   HTML     35K 
17: EX-10.6     Material Contract                                   HTML     28K 
18: EX-10.7     Material Contract                                   HTML     77K 
19: EX-10.8     Material Contract                                   HTML     58K 
20: EX-10.9     Material Contract                                   HTML     14K 
24: EX-23.1     Consent of Experts or Counsel                       HTML     11K 


EX-4.3   —   Instrument Defining the Rights of Security Holders


This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]




NUMBER
________-
 
(SEE REVERSE SIDE FOR LEGEND)
THIS WARRANT WILL BE VOID IF NOT EXERCISED PRIOR TO
5:00 P.M. NEW YORK CITY TIME, __________, 2010
 
WARRANTS
 
EAST INDIA COMPANY ACQUISITION CORP.
CUSIP ____________            
WARRANT

THIS CERTIFIES THAT, for value received

is the registered holder of a Warrant or Warrants expiring ________, 2010 (the “Warrant”) to purchase one fully paid and non-assessable share of Common Stock, par value $.0001 per share (“Shares”), of East India Company Acquisition Corp., a Delaware corporation (the “Company”), for each Warrant evidenced by this Warrant Certificate. The Warrant entitles the holder thereof to purchase from the Company, commencing on the later of (i) the Company’s completion of a merger, capital stock exchange, asset acquisition or other similar business combination and (ii) ______________, 2007, such number of Shares of the Company at the price of $5.00 per share, upon surrender of this Warrant Certificate and payment of the Warrant Price at the office or agency of the Warrant Agent, Continental Stock Transfer & Trust Company, but only subject to the conditions set forth herein and in the Warrant Agreement between the Company and Continental Stock Transfer & Trust Company. The Warrant Agreement provides that upon the occurrence of certain events the Warrant Price and the number of Warrant Shares purchasable hereunder, set forth on the face hereof, may, subject to certain conditions, be adjusted. The term Warrant Price as used in this Warrant Certificate refers to the price per Share at which Shares may be purchased at the time the Warrant is exercised.
No fraction of a Share will be issued upon any exercise of a Warrant. If the holder of a Warrant would be entitled to receive a fraction of a Share upon any exercise of a Warrant, the Company shall, upon such exercise, round up to the nearest whole number the number of Shares to be issued to such holder.
Upon any exercise of the Warrant for less than the total number of full Shares provided for herein, there shall be issued to the registered holder hereof or the registered holder’s assignee a new Warrant Certificate covering the number of Shares for which the Warrant has not been exercised.
Warrant Certificates, when surrendered at the office or agency of the Warrant Agent by the registered holder hereof in person or by attorney duly authorized in writing, may be exchanged in the manner and subject to the limitations provided in the Warrant Agreement, but without payment of any service charge, for another Warrant Certificate or Warrant Certificates of like tenor and evidencing in the aggregate a like number of Warrants.
Upon due presentment for registration of transfer of the Warrant Certificate at the office or agency of the Warrant Agent, a new Warrant Certificate or Warrant Certificates of like tenor and evidencing in the aggregate a like number of Warrants shall be issued to the transferee in exchange for this Warrant Certificate, subject to the limitations provided in the Warrant Agreement, without charge except for any applicable tax or other governmental charge.
The Company and the Warrant Agent may deem and treat the registered holder as the absolute owner of this Warrant Certificate (notwithstanding any notation of ownership or other writing hereon made by anyone), for the purpose of any exercise hereof, of any distribution to the registered holder, and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary.
This Warrant does not entitle the registered holder to any of the rights of a stockholder of the Company.
The Company reserves the right to call the Warrant at any time prior to its exercise, with the prior consent of EarlyBirdCapital, Inc., with a notice of call in writing to the holders of record of the Warrant, giving 30 days’ notice of such call at any time after the Warrant becomes exercisable if the last sale price of the Shares has been at least $8.50 per share on each of 20 trading days within any 30 trading day period ending on the third business day prior to the date on which notice of such call is given. The call price of the Warrants is to be $.01 per Warrant. Any Warrant either not exercised or tendered back to the Company by the end of the date specified in the notice of call shall be canceled on the books of the Company and have no further value except for the $.01 call price.
 
By

 
________________________________
  ______________________________  
 
Secretary
 
Chairman of the Board 
 
 



SUBSCRIPTION FORM
To Be Executed by the Registered Holder in Order to Exercise Warrants

The undersigned Registered Holder irrevocably elects to exercise ______________ Warrants represented by this Warrant Certificate, and to purchase the shares of Common Stock issuable upon the exercise of such Warrants, and requests that Certificates for such shares shall be issued in the name of
 
____________________________________________________________________________________________________
                                                                     (PLEASE TYPE OR PRINT NAME AND ADDRESS)
____________________________________________________________________________________________________
 
____________________________________________________________________________________________________
 
____________________________________________________________________________________________________
                                                                 (SOCIAL SECURITY OR TAX IDENTIFICATION NUMBER)
and be delivered to _____________________________________________________________________________________
                                                                         (PLEASE PRINT OR TYPE NAME AND ADDRESS)
____________________________________________________________________________________________________
and, if such number of Warrants shall not be all the Warrants evidenced by this Warrant Certificate, that a new Warrant Certificate
for the balance of such Warrants be registered in the name of, and delivered to, the Registered Holder at the address stated below:

Dated: _____________________
___________________________________________
 
(SIGNATURE)
 
___________________________________________
 
(ADDRESS)
 
___________________________________________
 
 
___________________________________________
 
(TAX IDENTIFICATION NUMBER)

ASSIGNMENT
To Be Executed by the Registered Holder in Order to Assign Warrants

For Value Received, _______________________ hereby sell, assign, and transfer unto
 
____________________________________________________________________________________________________
                                                                     (PLEASE TYPE OR PRINT NAME AND ADDRESS)
____________________________________________________________________________________________________
 
____________________________________________________________________________________________________
 
____________________________________________________________________________________________________
                                                                 (SOCIAL SECURITY OR TAX IDENTIFICATION NUMBER)
and be delivered to _____________________________________________________________________________________
                                                                         (PLEASE PRINT OR TYPE NAME AND ADDRESS)

______________________ of the Warrants represented by this Warrant Certificate, and hereby irrevocably constitute and appoint
_________________________________ Attorney to transfer this Warrant Certificate on the books of the Company, with full power
of substitution in the premises.

Dated: _________________________
_________________________________
 
(SIGNATURE)
 

THE SIGNATURE TO THE ASSIGNMENT OF THE SUBSCRIPTION FORM MUST CORRESPOND TO THE NAME WRITTEN UPON THE FACE OF THIS WARRANT CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATSOEVER, AND MUST BE GUARANTEED BY A COMMERCIAL BANK OR TRUST COMPANY OR A MEMBER FIRM OF THE AMERICAN STOCK EXCHANGE, NEW YORK STOCK EXCHANGE, PACIFIC STOCK EXCHANGE OR CHICAGO STOCK EXCHANGE.

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Filing Submission 0001144204-06-024543   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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