Common use of Exchanges; Lost, Stolen or Mutilated Certificates Clause in Contracts

Exchanges; Lost, Stolen or Mutilated Certificates. Upon surrender by the Investor to the Corporation of shares of Series A-1 Preferred Stock or Reserved Common Shares acquired by such Investor hereunder, the Corporation, at its expense, will issue in exchange therefor, and deliver to such Investor, a new certificate or certificates representing such shares in such denominations as may be requested by such Investor. Upon receipt of evidence satisfactory to the Corporation of the loss, theft, destruction or mutilation of any certificate representing any shares of Common Stock or Preferred Stock purchased or acquired by any Investor hereunder and, in case of any such loss, theft or destruction, upon delivery of any indemnity agreement satisfactory to the Corporation, or in case of any such mutilation, upon surrender and cancellation of such certificate, the Corporation, at its expense, will issue and deliver to such Investor a new certificate for such shares of Common Stock or Preferred Stock, as applicable, of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 8 contracts

Samples: License Agreement (Radius Health, Inc.), Stockholders’ Agreement (Radius Health, Inc.), Stockholders’ Agreement (Radius Health, Inc.)

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Exchanges; Lost, Stolen or Mutilated Certificates. Upon surrender by the any Investor to the Corporation of shares of Series A-1 Preferred Stock, Series A-2 Preferred Stock, Series A-3 Preferred Stock, Series A-4 Preferred Stock or Reserved Common Shares or any shares of Common Stock issued upon conversion of any Series A-2 Preferred Stock, Series A-3 Preferred Stock, Series A-4 Preferred Stock purchased or acquired by such Investor hereunder, the Corporation, at its expense, will issue in exchange therefor, and deliver to such Investor, a new certificate or certificates representing such shares in such denominations as may be requested by such Investor. Upon receipt of evidence satisfactory to the Corporation of the loss, theft, destruction or mutilation of any certificate representing any shares of Common Stock or Preferred Stock purchased or acquired by any Investor hereunder and, in case of any such loss, theft or destruction, upon delivery of any indemnity agreement satisfactory to the Corporation, or in case of any such mutilation, upon surrender and cancellation of such certificate, the Corporation, at its expense, will issue and deliver to such Investor a new certificate for such shares of Common Stock or Preferred Stock, as applicable, of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 4 contracts

Samples: Stockholders’ Agreement (Radius Health, Inc.), Stockholders’ Agreement (Radius Health, Inc.), Stockholders’ Agreement (Radius Health, Inc.)

Exchanges; Lost, Stolen or Mutilated Certificates. Upon surrender by the Investor to the Corporation Company of shares of Series A-1 Preferred Stock Securities purchased or Reserved Common Shares acquired by such the Investor hereunder, the CorporationCompany, at its expense, will issue in exchange therefor, and deliver to such Investor, a new certificate or certificates or replacement Warrant, as the case may be, representing such shares Securities in such denominations as may be requested by such Investor. Upon receipt of evidence satisfactory to the Corporation Company of the loss, theft, destruction or mutilation of any certificate representing any shares of Common Stock Shares or Preferred Stock the Warrant purchased or acquired by any the Investor hereunder and, in case of any such loss, theft or destruction, upon delivery of any indemnity agreement satisfactory to the CorporationCompany, or in case of any such mutilation, upon surrender and cancellation of such certificatecertificate or Warrant, the CorporationCompany, at its expense, will issue and deliver to such the Investor a new certificate for such shares of Common Stock Shares or Preferred Stock, a replacement Warrant as applicable, of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Kelisia Holdings LTD), Securities Purchase Agreement (Kelisia Holdings LTD), Securities Purchase Agreement (Pharmathene, Inc)

Exchanges; Lost, Stolen or Mutilated Certificates. Upon surrender by the any Investor to the Corporation of certificates representing shares of Series A-1 Preferred Common Stock issued, purchased or Reserved Common Shares acquired by such Investor hereunder, the Corporation, at its expense, will issue in exchange therefor, and deliver to such Investor, a new certificate or certificates representing such shares in such denominations as may be requested by such Investor. Upon receipt of evidence satisfactory to the Corporation of the loss, theft, destruction or mutilation of any certificate representing any shares of Common Stock or Preferred Stock Securities purchased or acquired by any Investor hereunder and, in case of any such loss, theft or destruction, upon delivery of any indemnity agreement satisfactory to the Corporation, or in case of any such mutilation, upon surrender and cancellation of such certificate, the Corporation, at its expense, will issue and deliver to such Investor a new certificate for such shares of Common Stock or Preferred Stock, as applicableSecurities, of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Puma Biotechnology, Inc.), Securities Purchase Agreement (Puma Biotechnology, Inc.), Securities Purchase Agreement (Puma Biotechnology, Inc.)

Exchanges; Lost, Stolen or Mutilated Certificates. Upon ---------- ------------------------------------------------- surrender by the any Investor to the Corporation of shares of Series A-1 any certificate representing Preferred Stock Shares or Reserved Common Shares acquired by such Investor hereunderShares, the Corporation, Corporation at its expense, expense will issue in exchange therefor, and deliver to such Investor, a new certificate or certificates representing such shares shares, in such denominations as may be requested by such Investor. Upon receipt of evidence satisfactory to the Corporation of the loss, theft, destruction or mutilation of any certificate representing any shares of Common Stock Preferred Shares or Preferred Stock Reserved Shares purchased or acquired by any an Investor hereunder andupon conversion of the Preferred Shares, and in case of any such loss, theft or destruction, upon delivery of any indemnity agreement satisfactory to the Corporation, or in case of any such mutilation, upon surrender and cancellation of such certificate, the Corporation, Corporation at its expense, expense will issue and deliver to such Investor a new certificate for such shares of Common Stock or Preferred Stock, as applicable, of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Tellium Inc), Stock Purchase Agreement (Tellium Inc)

Exchanges; Lost, Stolen or Mutilated Certificates. Upon ----------- ------------------------------------------------- surrender by the any Investor to the Corporation of shares of Series A-1 any certificate representing Preferred Stock Shares or Reserved Common Shares acquired by such Investor hereunderShares, the Corporation, Corporation at its expense, expense will issue in exchange therefor, and deliver to such Investor, a new certificate or certificates representing such shares shares, in such denominations as may be requested by such Investor. Upon receipt of evidence satisfactory to the Corporation of the loss, theft, destruction or mutilation of any certificate representing any shares of Common Stock Preferred Shares or Preferred Stock Reserved Shares purchased or acquired by any an Investor hereunder andupon conversion of the Preferred Shares, and in case of any such loss, theft or destruction, upon delivery of any indemnity agreement satisfactory to the Corporation, or in case of any such mutilation, upon surrender and cancellation of such certificate, the Corporation, Corporation at its expense, expense will issue and deliver to such Investor a new certificate for such shares of Common Stock or Preferred Stock, as applicable, of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Tellium Inc), Stock Purchase Agreement (Tellium Inc)

Exchanges; Lost, Stolen or Mutilated Certificates. Upon surrender by the any Investor to the Corporation of shares of Series A-1 B Preferred Stock Shares or Reserved Common Shares purchased or acquired by such Investor hereunder, the Corporation, at its expense, will issue in exchange therefor, and deliver to such Investor, a new certificate or certificates representing such shares in such denominations as may be requested by such Investor. Upon receipt of evidence satisfactory to the Corporation of the loss, theft, destruction or mutilation of any certificate representing any shares of Common Stock or Preferred Stock purchased or acquired by any Investor hereunder and, in case of any such loss, theft or destruction, upon delivery of any indemnity agreement satisfactory to the Corporation, or in case of any such mutilation, upon surrender and cancellation of such certificate, the Corporation, at its expense, will issue and deliver to such Investor a new certificate for such shares of Common Stock or Preferred Stock, as applicable, of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Perficient Inc)

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Exchanges; Lost, Stolen or Mutilated Certificates. Upon surrender by the any Investor to the Corporation of shares of Series A-1 Preferred Stock Shares or Reserved Common Shares purchased or acquired by such Investor hereunder, the Corporation, at its expense, will issue in exchange therefor, and deliver to such Investor, a new certificate or certificates representing such shares in such denominations as may be requested by such Investor. Upon receipt of evidence satisfactory to the Corporation of the loss, theft, destruction or mutilation of any certificate representing any shares of Common Stock or Preferred Stock purchased or acquired by any Investor hereunder and, in case of any such loss, theft or destruction, upon delivery of any indemnity agreement satisfactory to the Corporation, or in case of any such mutilation, upon surrender and cancellation of such certificate, the Corporation, at its expense, will issue and deliver to such Investor a new certificate for such shares of Common Stock or Preferred Stock, as applicable, of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Perficient Inc)

Exchanges; Lost, Stolen or Mutilated Certificates. Upon surrender by the Investor Lender to the Corporation Company of shares of Series A-1 Preferred Stock certificates for securities purchased or Reserved Common Shares acquired by such Investor the Lender hereunder, the Corporation, Company at its expense, expense will issue in exchange therefor, and deliver to such Investorthe Lender, a new certificate or certificates representing such shares securities, in 32 33 such denomination or denominations as may be requested by such Investorthe Lender. Upon receipt of evidence satisfactory to the Corporation Company of the loss, theft, destruction or mutilation of any certificate representing any shares of Common Stock or Preferred Stock securities purchased or acquired by any Investor hereunder andthe Lender hereunder, and in case of any such loss, theft or destruction, upon delivery of any indemnity agreement satisfactory to the CorporationCompany, or in case of any such mutilation, upon surrender and cancellation of such certificate, the Corporation, Company at its expense, expense will issue and deliver to such Investor the Lender a new certificate for such shares of Common Stock or Preferred Stock, as applicable, securities of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 1 contract

Samples: Note Purchase Agreement (N2k Inc)

Exchanges; Lost, Stolen or Mutilated Certificates. Upon surrender by the Investor Purchaser to the Corporation Company of shares of Series A-1 Preferred Stock certificates for securities purchased or Reserved Common Shares acquired by such Investor the Purchaser hereunder, the Corporation, Company at its expense, expense will issue in exchange therefor, and deliver to such Investorthe Purchaser, a new certificate or certificates representing such shares securities, in such denomination or denominations as may be requested by such Investorthe Purchaser. Upon receipt of evidence satisfactory to the Corporation Company of the loss, theft, destruction or mutilation of any certificate representing any shares of Common Stock or Preferred Stock securities purchased or acquired by any Investor hereunder andthe Purchaser hereunder, and in case of any such loss, theft or destruction, upon delivery of any indemnity agreement satisfactory to the CorporationCompany, or in case of any such mutilation, upon surrender and cancellation of such certificate, the Corporation, Company at its expense, expense will issue and deliver to such Investor the Purchaser a new certificate for such shares of Common Stock or Preferred Stock, as applicable, securities of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 1 contract

Samples: Stock Purchase Agreement (N2k Inc)

Exchanges; Lost, Stolen or Mutilated Certificates. Upon surrender by the any Investor to the Corporation of shares of any certificate representing Series A-1 A Preferred Stock Shares or Reserved Common Shares acquired by such Investor hereunderShares, the Corporation, Corporation at its expense, expense will issue in exchange therefor, and deliver to such Investor, a new certificate or certificates representing such shares shares, in such denominations as may be requested by such Investor. Upon receipt of evidence satisfactory to the Corporation of the loss, theft, destruction or mutilation of any certificate representing any shares of Series A Preferred Shares or Reserved Common Stock or Preferred Stock Shares purchased or acquired by any an Investor hereunder andupon conversion of the Series A Preferred Shares, and in case of any such loss, theft or destruction, upon delivery of any indemnity agreement satisfactory to the Corporation, or in case of any such mutilation, upon surrender and cancellation of such certificate, the Corporation, Corporation at its expense, expense will issue and deliver to such Investor a new certificate for such shares of Common Stock or Preferred Stock, as applicable, Reserved Shares of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 1 contract

Samples: Stock Purchase Agreement (Mobius Management Systems Inc)

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