Assignment or Loss of Warrant. This Warrant is fully assignable by the Holder hereof (subject to compliance with applicable laws and regulations). Subject to the transfer restrictions herein (including Section 6), upon surrender of this Warrant to the Company or at the office of its stock transfer agent, if any, with the Assignment Form, attached hereto as Appendix B, duly executed and funds sufficient to pay any transfer tax, the Company shall, without charge, execute and deliver a new Warrant or Warrants in the name of the assignee(s) named in such instrument of assignment and if applicable a new Warrant to Holder with respect to any portion of the Warrant not being assigned and this Warrant shall promptly be canceled. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and of reasonably satisfactory indemnification by the Holder, and upon surrender and cancellation of this Warrant, if mutilated, the Company shall execute and deliver a replacement Warrant of like tenor and date.
Appears in 10 contracts
Samples: Warrant Agreement (Visualant Inc), Warrant Agreement (Visualant Inc), Warrant Agreement (Westmountain Gold, Inc.)
Assignment or Loss of Warrant. This Warrant is fully assignable by the Holder hereof (subject to compliance with applicable laws and regulations). Subject to the transfer restrictions herein (including Section 6), this Warrant is fully assignable by the Holder hereof and upon surrender of this Warrant to the Company or at the office of its stock transfer agent, if any, with the Assignment Form, attached hereto as Appendix B, duly executed and funds sufficient to pay any transfer tax, the Company shall, without charge, execute and deliver a new Warrant or Warrants in the name of the assignee(s) named in such instrument of assignment and if applicable a new Warrant to Holder with respect to any portion of the Warrant not being assigned and this Warrant shall promptly be canceled. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and of reasonably satisfactory indemnification by the Holder, and upon surrender and cancellation of this Warrant, if mutilated, the Company shall execute and deliver a replacement Warrant of like tenor and date.
Appears in 4 contracts
Samples: Warrant Agreement (Westmountain Index Advisor Inc), Warrant Agreement (Westmountain Index Advisor Inc), Warrant Agreement (Westmountain Index Advisor Inc)
Assignment or Loss of Warrant. This (a) Except as provided in Section 9, Holder shall be entitled, without obtaining the consent of the Company, to assign its interest in this Warrant is fully assignable by the Holder hereof (subject in whole or in part to compliance with applicable laws and regulations)any person or persons. Subject to the transfer restrictions herein (including provisions of Section 6)9, upon surrender of this Warrant to the Company or at the office of its stock transfer agent or warrant agent, if any, with the Assignment Form, attached Form annexed hereto as Appendix B, duly executed and funds sufficient to pay any transfer tax, the Company shall, without charge, execute and deliver a new Warrant or Warrants in the name of the assignee(s) assignee or assignees named in such instrument of assignment and (any such assignee will then be a "Holder" for purposes of this Warrant) and, if applicable a new Warrant to Holder with respect to any portion of the Warrant Holder's entire interest is not being assigned assigned, in the name of Holder, and this Warrant shall promptly be canceled. .
(b) Upon receipt by of evidence satisfactory to the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and (in the case of reasonably loss, theft or destruction) of indemnification satisfactory indemnification by to the HolderCompany, and upon surrender and cancellation of this Warrant, if mutilated, the Company shall execute and deliver a replacement new Warrant of like tenor and date.
Appears in 4 contracts
Samples: Common Stock and Warrant Purchase Agreement (Avigen Inc \De), Common Stock and Warrant Purchase Agreement (Avigen Inc \De), Common Stock and Warrant Purchase Agreement (Avigen Inc \De)
Assignment or Loss of Warrant. This Warrant is fully assignable by the Holder hereof (subject to compliance with applicable laws and regulations). Subject to the transfer restrictions herein (including Section 6), upon surrender of this Warrant to the Company or at the office of its stock transfer agent, if any, with the Assignment Form, attached hereto as Appendix B, duly executed and funds sufficient to pay any transfer tax, the Company shall, without charge, execute and deliver a new Warrant or Warrants in the name of the assignee(s) named in such instrument of assignment and if applicable a new Warrant to Holder with respect to any portion of the Warrant not being assigned and this Warrant shall promptly be canceled. Upon receipt by the Company of evidence reasonably satisfactory to it of the lossIf this Warrant is lost, theftstolen, destruction mutilated or mutilation of this Warrant, and of reasonably satisfactory indemnification by the Holder, and upon surrender and cancellation of this Warrant, if mutilateddestroyed, the Company shall execute and deliver may, on such terms as to indemnity or otherwise as it may reasonably impose (which shall, in the case of a replacement mutilated Warrant, include the surrender thereof), issue a new Warrant of like denomination and tenor and dateas the Warrant so lost, stolen, mutilated or destroyed. Any such new Warrant shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by anyone.
Appears in 2 contracts
Samples: Warrant Agreement (Westmountain Gold, Inc.), Warrant Agreement (Westmountain Gold, Inc.)
Assignment or Loss of Warrant. This Warrant is fully assignable by (a) Except as provided in Section 10, the Holder hereof (subject of this Warrant shall be entitled, without obtaining the consent of the Company, to compliance with applicable laws and regulations)assign its interest in this Warrant in whole or in part to any person or persons. Subject to the transfer restrictions herein (including provisions of Section 6)10, upon surrender of this Warrant to the Company or at the office of its stock transfer agent or warrant agent, if any, with the Assignment Form, attached Form annexed hereto as Appendix B, duly executed and funds sufficient to pay any transfer tax, the Company shall, without charge, execute and deliver a new Warrant or Warrants in the name of the assignee(s) assignee or assignees named in such instrument of assignment and and, if applicable a new Warrant to Holder with respect to any portion the Holders entire interest is not being assigned, in the name of the Warrant not being assigned Holder, and this Warrant shall promptly be canceled. .
(b) Upon receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of this Warrant, and (in the case of reasonably loss, theft or destruction) of indemnification satisfactory indemnification by to the HolderCompany (with such lost or stolen Warrant being duly canceled on the books and records of the Company), and upon surrender and cancellation of this Warrant, if mutilated, the Company shall execute and deliver a replacement new Warrant of like tenor and date.
Appears in 1 contract
Samples: Credit Agreement (Aviron)
Assignment or Loss of Warrant. This (a) Except as provided in Section 8, Holder shall be entitled, without obtaining the consent of the Company, to assign its interest in this Warrant is fully assignable by the Holder hereof (subject in whole or in part to compliance with applicable laws and regulations)any person or persons. Subject to the transfer restrictions herein (including provisions of Section 6)8, upon surrender of this Warrant to the Company or at the office of its stock transfer agent or warrant agent, if any, with the Assignment Form, attached Form annexed hereto as Appendix B, duly executed and funds sufficient to pay any transfer tax, the Company shall, without charge, execute and deliver a new Warrant or Warrants in the name of the assignee(s) assignee or assignees named in such instrument of assignment and (any such assignee will then be a "Holder" for purposes of this Warrant) and, if applicable a new Warrant to Holder with respect to any portion of the Warrant Holder's entire interest is not being assigned assigned, in the name of Holder, and this Warrant shall promptly be canceled. .
(b) Upon receipt by of evidence satisfactory to the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and (in the case of reasonably loss, theft or destruction) of indemnification satisfactory indemnification by to the HolderCompany, and upon surrender and cancellation of this Warrant, if mutilated, the Company shall execute and deliver a replacement new Warrant of like tenor and date.
Appears in 1 contract
Samples: Credit Agreement (Internap Network Services Corp/Wa)
Assignment or Loss of Warrant. This Warrant is fully assignable by the Holder hereof (subject to compliance with applicable laws and regulations). Subject to the transfer restrictions herein (including Section 67), upon surrender of this Warrant to the Company or at the office of its stock transfer agent, if any, with the Assignment Form, attached hereto as Appendix B, duly executed and funds sufficient to pay any transfer tax, the Company shall, without charge, execute and deliver a new Warrant or Warrants in the name of the assignee(s) named in such instrument of assignment and if applicable a new Warrant to Holder with respect to any portion of the Warrant not being assigned and this Warrant shall promptly be canceled. Upon receipt by the Company of evidence reasonably satisfactory to it of the lossIf this Warrant is lost, theftstolen, destruction mutilated or mutilation of this Warrant, and of reasonably satisfactory indemnification by the Holder, and upon surrender and cancellation of this Warrant, if mutilateddestroyed, the Company shall execute and deliver may, on such terms as to indemnity or otherwise as it may reasonably impose (which shall, in the case of a replacement mutilated Warrant, include the surrender thereof), issue a new Warrant of like denomination and tenor and dateas the Warrant so lost, stolen, mutilated or destroyed. Any such new Warrant shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by anyone.
Appears in 1 contract