Common use of Exchange and Replacement Clause in Contracts

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 4 contracts

Samples: Underwriting Agreement (Choicetel Communications Inc /Mn/), Hypertension Diagnostics Inc /Mn, Medicalcv Inc

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Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. This Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and new Warrants shall be made and delivered by the Company, of the same tenor and date as this Warrant bu registered in the name of the transferee(s) upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if without requiring the Underwriter shall be such Holder, an agreement posting of indemnity by such Holder shall be sufficient for all purposes any bond or the giving of this Section 2any other security. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 210.

Appears in 4 contracts

Samples: Allied Healthcare Products Inc, Allied Healthcare Products Inc, Allied Healthcare Products Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to compliance with all restrictions and provisions of this Warrant, this Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and new Warrants shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee(s), upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if without requiring the Underwriter shall be such Holder, an agreement posting of indemnity by such Holder shall be sufficient for all purposes any bond or the giving of this Section 2any other security. This Warrant shall be promptly canceled cancelled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 210.

Appears in 3 contracts

Samples: Prospect Medical Holdings Inc, Prospect Medical Holdings Inc, Prospect Medical Holdings Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter Representatives shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 3 contracts

Samples: Sportsmans Guide Inc, Sportsmans Guide Inc, Sportsmans Guide Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to compliance with the provisions of Paragraphs VIII and IX, this Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and a new Warrant shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee, upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that upon the delivery of an appropriate bond if required by the Underwriter shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2Company. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 2Paragraph VIII.

Appears in 2 contracts

Samples: Power Technology Inc/Cn, Power Technology Inc/Cn

Exchange and Replacement. Subject to Sections 1 l and 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter Kurdi shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 2 contracts

Samples: Subscription Agreement (Corvu Corp), Subscription Agreement (Corvu Corp)

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the ------------------------ surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to compliance with all restrictions and provisions of this Warrant, this Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and new Warrants shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee(s), upon surrender of this Warrant, duly endorsed, to said office of the Company accompanied by a Form of Assignment in the form attached hereto as Exhibit "B". Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, howeverwithout requiring the posting of any bond or the giving of any other security, that if and the Underwriter shall be Warrantholders will indemnify and hold the Company harmless against all claims, losses, liabilities, damages, deficiencies, costs and expenses, including reasonable attorneys' fees and expenses of investigation and defense incurred, suffered or accrued by any of them, directly or indirectly, as a result of or based upon the making or deliverance of such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2new Warrant. This Warrant shall be promptly canceled cancelled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 210.

Appears in 2 contracts

Samples: Pcsupport Com Inc, Pcsupport Com Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its office described in Section 5, for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units purchasable Shares that may be purchased hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to compliance with Section 6, this Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and a new Warrant shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee, upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to itthe Company, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled cancelled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), ) and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 26.

Appears in 2 contracts

Samples: Exchange Agreement (Mdsi Mobile Data Solutions Inc /Can/), Mdsi Mobile Data Solutions Inc /Can/

Exchange and Replacement. Subject to Sections 1 l and 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter Representative shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 2 contracts

Samples: Industrial Rubber Products Inc, Fieldworks Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 2 contracts

Samples: Wilsons the Leather Experts Inc, Wilsons the Leather Experts Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the ------------------------ surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to compliance with all restrictions and provisions of this Warrant, this Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and new Warrants shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee(s), upon surrender of this Warrant, duly endorsed, to said office of the Company accompanied by a Form of Assignment in the form attached hereto as Exhibit "B". Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, howeverwithout requiring the posting of any bond or the giving of any other security, that if and the Underwriter shall be holder of such HolderWarrant will indemnify and hold the Company and its officers, an agreement directors, affiliates, agents, employees, successors and assigns, harmless against all claims, losses, liabilities, damages, deficiencies, costs and expenses, including reasonable attorneys' fees and expenses of indemnity investigation and defense incurred, suffered or accrued by any of them, directly or indirectly, as a result of or based upon the making or deliverance of such Holder shall be sufficient for all purposes of this Section 2new Warrant. This Warrant shall be promptly canceled cancelled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 210.

Appears in 2 contracts

Samples: Pcsupport Com Inc, Pcsupport Com Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereofTo the extent permissible under any applicable securities laws, this Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. This Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and new Warrants shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee(s), upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if without requiring the Underwriter shall be such Holder, an agreement posting of indemnity by such Holder shall be sufficient for all purposes any bond or the giving of this Section 2any other security. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 210.

Appears in 2 contracts

Samples: Softnet Systems Inc, Mobile Mini Inc

Exchange and Replacement. Subject to Sections 1 and 7 9 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter Holder shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 2 contracts

Samples: Exchange Agreement (Amerimmune Pharmaceuticals Inc), Warrant Purchase Agreement (Amerimmune Pharmaceuticals Inc)

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to the restrictions set forth on the legend hereof, this Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and new Warrants shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee(s), upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if without requiring the Underwriter shall be such Holder, an agreement posting of indemnity by such Holder shall be sufficient for all purposes any bond or the giving of this Section 2any other security. This Warrant shall be promptly canceled cancelled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 210.

Appears in 2 contracts

Samples: Digital Theater Systems Inc, Digital Theater Systems Inc

Exchange and Replacement. Subject to Sections 1 and 7 9 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter Holder shall be such Holder, an agreement of indemnity by such Holder in customary form shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 2 contracts

Samples: Vycor Medical Inc, Vycor Medical Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number of Warrant Shares purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and and, upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter Representative shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Except as set forth in this Section 2, the Company shall pay all expenses, taxes (other than stock transfer taxes), ) and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 1 contract

Samples: Nhancement Technologies Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for a new Warrants Warrant of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants Warrant to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. This Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and a new Warrant shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee(s), upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if without requiring the Underwriter shall be such Holder, an agreement posting of indemnity by such Holder shall be sufficient for all purposes any bond or the giving of this Section 2any other security. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company Warrantholder shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of new Warrants pursuant to this Section 29.

Appears in 1 contract

Samples: Maxwell Technologies Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its office described in Section 5, for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units purchasable Shares that may be purchased hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to compliance with Section 7, this Warrant and all rights hereunder are transferable in whole or in part upon the books, of the Company by the registered holder hereof in person or by duty authorized attorney, and a new Warrant shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee, upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to itthe Company, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled cancelled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), ) and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 26.

Appears in 1 contract

Samples: Gerimed of America Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the ------------------------ surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to compliance with the provisions of Paragraphs VIII and IX, this Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and a new Warrant shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee, upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that upon the delivery of an appropriate bond if required by the Underwriter shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2Company. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 2Paragraph VIII.

Appears in 1 contract

Samples: Malone Arthur L Jr

Exchange and Replacement. Subject to Sections 1 l and 7 hereof, ------------------------ this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants Warrant pursuant to this Section 2.

Appears in 1 contract

Samples: Northern Star Financial Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of surrender. Subject to compliance with the provisions of Sections 7 and 8, this Warrant and all rights hereunder are transferable in whole or in part to any one or more family members of the Warrantholder (or trusts maintained for the benefit of any one or more such surrenderfamily members) upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and a new Warrant shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee, upon surrender of this Warrant, duly endorsed, to said office of the Company, but are not transferable under any other circumstances. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if without requiring the Underwriter shall be such Holder, an agreement posting of indemnity by such Holder shall be sufficient for all purposes any bond or the giving of this Section 2any other security. This Warrant shall be promptly canceled cancelled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 27.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cooper Companies Inc)

Exchange and Replacement. Subject to Sections 1 l and 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants Warrant pursuant to this Section 2.

Appears in 1 contract

Samples: Underwriting Agreement (Paper Warehouse Inc)

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Exchange and Replacement. Subject to Sections 1 and 7 9 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter initial holder shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 24. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer or income taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 24.

Appears in 1 contract

Samples: Intranet Solutions Inc

Exchange and Replacement. Subject to Sections 1 and 7 8 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter Holder shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 1 contract

Samples: Jenkon International Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) Shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to compliance with the provisions of Paragraphs 8 and 9, this Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and a new Warrant shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee, upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case upon delivery to the Company by the Warrantholder of loss, theft or destruction, of indemnity or security reasonably an indemnification agreement satisfactory to itthe Company, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if without requiring the Underwriter shall be such Holder, an agreement posting of indemnity by such Holder shall be sufficient for all purposes any bond or the giving of this Section 2any other security. This Warrant shall be promptly canceled by the The Company upon the surrender hereof thereof in connection with any exchange exchange, transfer or replacementreplacement shall promptly cancel this Warrant. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 2Paragraph 8.

Appears in 1 contract

Samples: Convertible Bridge Loan and Warrant Agreement (Akorn Inc)

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. This Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and new Warrants shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee(s), upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, howeverwithout requiring the posting of any bond or the giving, that if the Underwriter shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2any other security. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange exchange, or transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 210.

Appears in 1 contract

Samples: Commonwealth Energy Corp

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) Shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to compliance with the provisions of Paragraph 8 and 9, this Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and a new Warrant shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee, upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case upon delivery to the Company by the Warrantholder of loss, theft or destruction, of indemnity or security reasonably an indemnification agreement satisfactory to itthe Company, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if without requiring the Underwriter shall be such Holder, an agreement posting of indemnity by such Holder shall be sufficient for all purposes any bond or the giving of this Section 2any other security. This Warrant shall be promptly canceled cancelled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 2Paragraph 8.

Appears in 1 contract

Samples: Stock Purchase Agreement (Akorn Inc)

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, Warrant and, in case of loss, theft or destruction, destruction of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new now Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter Agent shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 1 contract

Samples: U Ship Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. This Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and new Warrants shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee(s), upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if without requiring the Underwriter shall be such Holder, an agreement posting of indemnity by such Holder shall be sufficient for all purposes any bond or the giving of this Section 2any other security. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 210.

Appears in 1 contract

Samples: Antigua Enterprises Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to compliance with the provisions of Paragraphs 8 and 9, this Warrant and all rights hereunder are transferable in whole or in part upon books of the Company by the registered holder hereof in person or by duly authorized attorney, and a new Warrant shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee, upon surrender of this Warrant, duly endorsed, to said office of the Company. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if without requiring the Underwriter shall be such Holder, an agreement posting of indemnity by such Holder shall be sufficient for all purposes any bond or the giving of this Section 2any other security. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 2Paragraph 8.

Appears in 1 contract

Samples: Cooper Companies Inc

Exchange and Replacement. Subject to Sections 1 and Section 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company Corporation at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company Corporation of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company Corporation will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter initial holder shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company Corporation upon the surrender hereof in connection with any exchange or replacement. The Company Corporation shall pay all expenses, taxes (other than stock transfer or income taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 1 contract

Samples: Term Loan Agreement (Xox Corp)

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to subscribe for and purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter Holder shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled cancelled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, execution and delivery of Warrants pursuant to this Section 2.

Appears in 1 contract

Samples: Buffalo Wild Wings Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units Shares (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter Representative shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.

Appears in 1 contract

Samples: Eco Soil Systems Inc

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this This Warrant is exchangeable upon the surrender hereof by the Holder registered holder to the Company at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) shares as shall be designated by the Holder said registered holder at the time of such surrender. Subject to compliance with applicable securities laws, this Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the registered holder hereof in person or by duly authorized attorney, and new Warrants shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of the transferee(s), upon surrender of this Warrant, duly endorsed, to said office of the Company. The Company acknowledges that the Bank intends to transfer this Warrant to the Bank's parent, subsidiaries, affiliates and/or participant under the Loan Agreement. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, destruction or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if without requiring the Underwriter shall be such Holder, an agreement posting of indemnity by such Holder shall be sufficient for all purposes any bond or the giving of this Section 2any other security. This Warrant shall be promptly canceled cancelled by the Company upon the surrender hereof in connection with any exchange exchange, transfer or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2.and

Appears in 1 contract

Samples: Unison Healthcare Corp

Exchange and Replacement. Subject to Sections 1 and 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company at its office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Units purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Units (not to exceed the aggregate total number purchasable hereunder) as shall be designated by the Holder at the time of such surrender. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant, and, in case of loss, theft or destruction, of indemnity or security reasonably satisfactory to it, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the Underwriter shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 2. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any exchange or replacement. The Company shall pay all expenses, taxes (other than stock transfer taxes), and other charges payable in connection with the preparation, execution, and delivery of Warrants pursuant to this Section 2. 3.

Appears in 1 contract

Samples: Choicetel Communications Inc /Mn/

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