Common use of Issue in Substitution for Lost Certificates Etc Clause in Contracts

Issue in Substitution for Lost Certificates Etc. (1) If any Warrant Certificate becomes mutilated or is lost, destroyed or stolen, WorldHeart, subject to applicable law and to Subsection 2.11(2), shall issue, and thereupon the Warrant Agent will certify and deliver, a new Warrant Certificate of like tenor and for the purchase of a like number of Common Shares as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such mutilated Warrant Certificate or in lieu of and in substitution for such lost, destroyed or stolen Warrant Certificate and the substituted Warrant Certificate shall be in a form approved by the Warrant Agent and the Warrant evidenced thereby shall entitle the holder to the benefits hereof and rank pari passu in accordance with its terms and with all other Warrants issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this Section 2.11 will bear the reasonable cost of the issue thereof and in case of loss, destruction or theft shall, as a condition precedent to the issue thereof: (a) furnish to WorldHeart and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate to be replaced as is satisfactory to WorldHeart and to the Warrant Agent each in their discretion, acting reasonably; (b) if so required by WorldHeart or the Warrant Agent, furnish an indemnity or bond in amount and form satisfactory to WorldHeart and to the Warrant Agent each in their discretion, acting reasonably; and (c) pay the reasonable charges of the Warrant Agent in connection therewith.

Issue in Substitution for Lost Certificates Etc. (1) 2.10.1 If any Special Warrant Certificate becomes mutilated or is lost, destroyed or stolen, WorldHeartthe Corporation, subject to applicable law and to Subsection 2.11(2)Section 2.10.2 hereof, shall will issue, and thereupon the Special Warrant Agent will certify and deliver, a new Special Warrant Certificate of like denomination and tenor and for bearing the purchase of a like number of Common Shares applicable legends as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such mutilated Warrant Certificate certificate or in lieu of and in substitution for such lost, destroyed or stolen Warrant Certificate certificate and the substituted Warrant Certificate shall be in a form approved by the Warrant Agent and the Warrant Special Warrants evidenced thereby shall entitle the holder be entitled to the benefits hereof and shall rank pari passu equally in accordance with its terms and with all other Special Warrants issued or to be issued hereunder. (2) 2.10.2 The applicant for the issue of a new Special Warrant Certificate pursuant to this Section 2.11 will 2.10 shall bear the reasonable cost of the issue thereof and and, in the case of loss, destruction or theft shalltheft, shall as a condition precedent to the issue thereof: (a) furnish to WorldHeart the Corporation and to the Special Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Special Warrant Certificate to be replaced as is satisfactory to WorldHeart the Corporation and to the Special Warrant Agent each in their discretion, acting reasonably; (b) if so required by WorldHeart or the Warrant Agentrequested, furnish an indemnity or and surety bond in amount and form satisfactory to WorldHeart the Corporation and to the Special Warrant Agent each in their discretion, acting reasonably; and (c) if so requested, pay the reasonable charges of the Corporation and the Special Warrant Agent in connection therewith.

Issue in Substitution for Lost Certificates Etc. (1) If any Warrant Certificate becomes mutilated or is lost, destroyed or stolen, WorldHeartthe Corporation, subject to applicable law Applicable Law and to Subsection 2.11(2Section 2.10(2), shall will issue, and thereupon the Warrant Agent will certify and deliver, a new Warrant Certificate of like tenor and for the purchase of a like number of Common Shares denomination as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such mutilated Warrant Certificate or in lieu of and in substitution for such lost, destroyed or stolen Warrant Certificate and the substituted Warrant Certificate shall will be in a form approved by the Warrant Agent and the Warrant evidenced thereby shall will entitle the holder to the benefits hereof and rank pari passu in accordance with its terms and with all other Warrants issued hereunder. (2) The applicant for the issue issuance of a new Warrant Certificate pursuant to this Section 2.11 2.10 will bear the reasonable cost of the issue issuance thereof and in case of loss, destruction or theft shallwill, as a condition precedent to the issue issuance thereof: (a) furnish to WorldHeart the Corporation and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate to be replaced as is satisfactory to WorldHeart the Corporation and to the Warrant Agent each in their discretion, acting reasonably; (b) if so required by WorldHeart the Corporation or the Warrant Agent, furnish an indemnity (or an indemnity bond in lieu thereof) in amount and form satisfactory to WorldHeart the Corporation and to the Warrant Agent each in their discretion, acting reasonably; and (c) pay the reasonable charges and counsel and advisory fees of the Corporation and the Warrant Agent in connection therewith.