Common use of Assignment or Loss of Warrant Clause in Contracts

Assignment or Loss of Warrant. The Holder may not assign or transfer this Warrant without the consent of the Company. Subject to receipt of such written consent by the Company and subject to the transfer restrictions herein (including Section 9), upon surrender of this Warrant to the Company or at the office of its stock transfer agent, if any, with the Assignment Form annexed hereto duly executed and funds sufficient to pay any transfer tax, the Company shall, without charge, execute and deliver a new Warrant in the name of the assignee named in such instrument of assignment 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 2 contracts

Samples: Note and Warrant Purchase Agreement (Kona Grill Inc), Warrant Agreement (Kona Grill Inc)

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Assignment or Loss of Warrant. The Holder may not assign or transfer this Warrant without the consent of the Company. Subject to receipt of such written consent by the Company and subject to the transfer restrictions herein (including Section Sections 7, 8 and 9, and the notice paragraph at the top of the first page of this Warrant which is incorporated herein), upon surrender of this Warrant to the Company or at the office of its stock transfer agent, if any, with the Assignment Form annexed hereto duly executed and funds sufficient to pay any transfer taxtax (and any required legal opinion), the Company shall, without charge, execute and deliver a new Warrant of like tenor in the name of the assignee named in such instrument of assignment and this Warrant shall promptly be canceled. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and of reasonably satisfactory indemnification by the Holder, and reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company shall execute and deliver a replacement Warrant of like tenor and date, in lieu hereof.

Appears in 1 contract

Samples: License Agreement (Bioheart, Inc.)

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