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

Exchanges; Lost, Stolen or Mutilated Certificates. Upon surrender by any Investor to the Corporation of shares of Series B-2 Preferred Stock or Reserved Common Shares issued upon conversion of any Series B-2 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 Series B-2 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 Series B-2 Preferred Stock, as applicable, of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 3 contracts

Samples: Stockholders’ 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 any Investor to the Corporation of shares of Series B-2 B Preferred Stock or Reserved Common Shares issued upon conversion of any Series B-2 B 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 Series B-2 B 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 Series B-2 B Preferred Stock, as applicable, of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 3 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 any Investor Centocor to the Corporation Company of any certificate representing shares of Series B-2 B Convertible Preferred Stock (or Reserved Common Shares issued Stock issuable upon conversion of any Series B-2 Preferred Stock thereof) purchased or acquired by such Investor hereunder, the Corporation, Company at its expense, expense will issue in exchange therefor, and deliver to such InvestorCentocor, a new certificate or certificates representing such shares shares, in such denominations as may be requested by such InvestorCentocor. 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 Series B-2 Preferred Stock Securities purchased or acquired by any Investor hereunder andCentocor 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 Centocor a new certificate for such shares of Series B Preferred Stock (or Common Stock or Series B-2 Preferred Stock, as applicable, issuable upon conversion thereof) of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 1 contract

Samples: Stock Purchase Agreement (Apollon Inc)

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Exchanges; Lost, Stolen or Mutilated Certificates. Upon surrender by any an Investor to the Corporation Company of any certificate representing shares of Series B-2 B Convertible Preferred Stock (or Reserved Common Shares issued Stock issuable upon conversion of any Series B-2 Preferred Stock thereof) purchased or acquired by such Investor hereunder, the Corporation, Company 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 the 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 or Series B-2 Preferred Stock Securities purchased or acquired by any Investor hereunder andthe Investors 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 Investors a new certificate for such shares of Series B Preferred Stock (or Common Stock or Series B-2 Preferred Stock, as applicable, issuable upon conversion thereof) of like tenor, in lieu of such lost, stolen or mutilated certificate.

Appears in 1 contract

Samples: Stock Purchase Agreement (Apollon Inc)

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