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 representing in the aggregate the right to purchase the number of Warrant Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 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: Underwriting Agreement (Sportsmans Guide Inc), Underwriting Agreement (Sportsmans Guide Inc), Underwriting Agreement (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 Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 Representatives 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: Warrant Agreement (Prospect Medical Holdings Inc), Warrant Agreement (Prospect Medical Holdings Inc), Warrant Agreement (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 Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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: Underwriting Agreement (Wilsons the Leather Experts Inc), Underwriting Agreement (Wilsons the Leather Experts 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 principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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: Underwriting Agreement (Industrial Rubber Products Inc), Warrant Agreement (Fieldworks 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 Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 Representatives 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: Note (Power Technology Inc/Cn), Note Agreement (Power Technology Inc/Cn)
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 principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares Units purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares 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 Representatives 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: Warrant Agreement (Vycor Medical Inc), Warrant Agreement (Vycor Medical 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 Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 Representatives 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: Warrant Agreement (Pcsupport Com Inc), Warrant Agreement (Pcsupport Com 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 principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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 Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 Representatives 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: Warrant Agreement (Pcsupport Com Inc), Warrant Agreement (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 Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 Representatives 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: Warrant Agreement (Softnet Systems Inc), Stock Purchase Warrant (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 principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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: Warrant Purchase Agreement (Amerimmune Pharmaceuticals Inc), Exchange 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 Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 Representatives 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: Warrant Agreement (Digital Theater Systems Inc), Warrant Agreement (Digital Theater 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 described in Section 5, for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares purchasable that may be purchased hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 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 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: Warrant Agreement (Mdsi Mobile Data Solutions Inc /Can/), Exchange Agreement (Mdsi Mobile Data Solutions Inc /Can/)
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 Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 Representatives 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: Common Stock Purchase Warrant (Cooper Companies 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 described in Section 5, for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares purchasable that may be purchased hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 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 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
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 Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 Representatives 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
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 Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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: Agency Agreement (U Ship Inc)
Exchange and Replacement. Subject to Sections 1 2 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 Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives Agent shall be such Holder, an agreement of indemnity by such Holder shall be sufficient for all purposes of this Section 23. 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: Warrant Agreement (Celcuity 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 Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (not to exceed the aggregate total number purchasable hereunder) 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 Representatives 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 Section 7 hereof, this Warrant is exchangeable upon the surrender hereof by the Holder to the Company Corporation at its principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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 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 Shares shares purchasable hereunder, each of such new Warrants Warrant to represent the right to purchase such number of Warrant Shares (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 Representatives 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
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 principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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: Underwriter's Warrant (Northern Star Financial 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 representing in the aggregate the right to purchase the number of Warrant Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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
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 Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 Representatives 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
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 principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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
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 Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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: Common Stock Purchase Warrant (Eco Soil Systems 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 principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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
Exchange and Replacement. (a) The holder shall not transfer or assign this Warrant except (i) to the holder's successor by merger or consolidation or (ii) to the purchaser of all or substantially all the assets of the holder; provided, however, that any such transfer shall be subject to compliance with applicable securities laws and, on request by GeoSystems, the transferor shall furnish to GeoSystems an opinion of the transferor's counsel to the effect that the transfer is in compliance with such securities laws. Any attempted or purported assignment or transfer of this Warrant without compliance with the preceding sentence shall be void. In the event of any transfer permitted by this Section 4, GeoSystems shall register or shall cause its agent to register the transfer or assignment on its warrant register upon surrender of this Warrant, duly endorsed, or accompanied by a written instrument of transfer duly executed by the holder or by the duly appointed legal representative or attorney thereof. On any such registration of transfer, GeoSystems shall issue a new Warrant or Warrants, of like tenor, in lieu of the transferred or assigned Warrant. In no event will GeoSystems be required to effect a registration of transfer, assignment or exchange that would result in the issuance of a fraction of a share.
(b) Subject to Sections 1 and 7 hereofthe provisions of subsection (a) of this Section 4, this Warrant is exchangeable exchangeable, upon the surrender hereof by the Holder holder to the Company GeoSystems at its principal office or agency described in Section 3, for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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. Upon receipt by the Company GeoSystems 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 GeoSystems will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided, however, that if the 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 GeoSystems upon the surrender hereof in connection with any exchange or replacement. The Company GeoSystems 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 24.
Appears in 1 contract
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 Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (not to exceed the aggregate total number purchasable hereunder) 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 Representatives 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 Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 Representatives 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: Common Stock Purchase Warrant (Cooper Companies 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 subscribe for and purchase the number of Warrant Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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
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 Shares shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares (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 Representatives 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
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 Shares Units purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant Shares 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 Representatives 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: Underwriting Agreement (Choicetel Communications Inc /Mn/)
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 principal office for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Warrant Shares purchasable hereunder, each of such new Warrants to represent the right to purchase such number of Warrant 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 Representatives 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