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

Issue in Substitution for Lost Certificates. Etc. (a) If any Warrant Certificate becomes mutilated or is lost, destroyed or stolen, the Corporation, subject to applicable Law and 2.8(b), will issue, and thereupon the Agent will certify and deliver, a new Warrant Certificate of like tenor and 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 will be in a form approved by the Agent and will entitle the holder to the benefits hereof and rank pari passu in accordance with its terms with all other Warrants issued hereunder. (b) The applicant for the issue of a new Warrant Certificate pursuant to this Section 2.8 will bear the reasonable cost of the issue thereof and in case of loss, destruction or theft will, as a condition precedent to the issue thereof: (i) furnish to the Corporation and to the Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate to be replaced as is satisfactory to the Corporation and to the Agent in their discretion, acting reasonably; (ii) if so required by the Corporation or the Agent, furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and to the Agent in their respective discretion, acting reasonably; and (iii) pay the reasonable charges of the Corporation and the Agent in connection therewith.

Appears in 3 contracts

Samples: Warrant Agreement (Kinross Gold Corp), Warrant Agreement (Kinross Gold Corp), Warrant Agreement (Kinross Gold Corp)

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Issue in Substitution for Lost Certificates. Etc. (a1) If any a Warrant Certificate becomes mutilated or is lost, destroyed or stolen, upon the instructions of the holder thereof, the Corporation, subject to applicable Law and 2.8(bsubsection (2), will issue, issue and thereupon the Warrant Agent will countersign or certify and deliver, deliver a new Warrant Certificate certificate of like tenor and denomination as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such the mutilated Warrant Certificate certificate or in lieu of and in substitution for such the lost, destroyed or stolen Warrant Certificate certificate, and the substituted Warrant Certificate will be in a form approved by the Agent and will shall entitle the holder thereof to the same rights and benefits hereof and rank pari passu in accordance with its terms with all other Warrants issued hereunderas the certificate being replaced. (b2) The applicant for the issue of a new Warrant Certificate certificate pursuant to this Section 2.8 section will bear the reasonable cost of the issue thereof and in case of loss, destruction or theft will, as a condition precedent to the issue thereof: (ia) furnish to the Corporation and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate certificate to be replaced as is satisfactory to the Corporation and to the Warrant Agent, or the Transfer Agent in their discretion, acting reasonably;, (iib) if so required by the Corporation or the Agentrequired, furnish an indemnity and surety a bond in amount and form satisfactory to the Corporation and to the Agent in their respective discretionWarrant Agent, acting reasonably; , (c) agree to indemnify and hold harmless the Corporation, the Warrant Agent and the Transfer Agent against any damages they may incur as a result of acting upon the instructions of the applicant, and (iiid) pay the reasonable charges of the Corporation and the Warrant Agent in connection therewith.

Appears in 2 contracts

Samples: Warrant Indenture (Vuzix Corp), Warrant Indenture (Vuzix Corp)

Issue in Substitution for Lost Certificates. Etc. (a1) If any a Warrant Certificate becomes mutilated or is lost, destroyed or stolen, the CorporationCompany, subject to applicable Law law and 2.8(bsubject to subsection (2), will issue, issue and thereupon the Warrant Agent will countersign or certify and deliver, deliver a new Warrant Certificate certificate of like denomination, date and tenor and denomination as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such the mutilated Warrant Certificate certificate or in lieu of and in substitution for such the lost, destroyed or stolen Warrant Certificate certificate, and the substituted Warrant Certificate will be in a form approved by the Agent and will shall entitle the holder thereof to the same rights and benefits hereof and will bear the same legends, if any, as the certificate being replaced and shall rank pari passu equally in accordance with its terms with all other Warrants Warrant Certificates issued or to be issued hereunder. (b2) The applicant for the issue of a new Warrant Certificate certificate pursuant to this Section 2.8 section will bear the reasonable cost of the issue thereof and in case of loss, destruction or theft will, as a condition precedent to the issue thereof: (ia) furnish to the Corporation Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate certificate to be replaced as is satisfactory to the Corporation Company and to the Warrant Agent in their discretion, acting reasonably; (iib) if so required by the Corporation or the Agentrequired, furnish an indemnity and surety bond in amount and form satisfactory to the Corporation Company and to the Warrant Agent in their respective discretion, acting reasonably; and (iiic) pay the reasonable charges of the Corporation Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture (Adherex Technologies Inc)

Issue in Substitution for Lost Certificates. Etc. (a1) If any a Warrant Certificate becomes mutilated or is lost, destroyed or stolen, the CorporationCompany, subject to applicable Law law and 2.8(bsubject to subsection (2), will issue, issue and thereupon the Warrant Agent will countersign or certify and deliver, deliver a new Warrant Certificate certificate of like denomination, date and tenor and denomination as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such the mutilated Warrant Certificate certificate or in lieu of and in substitution for such the lost, destroyed or stolen Warrant Certificate certificate, and the substituted Warrant Certificate will be in a form approved by the Agent and will shall entitle the holder thereof to the same rights and benefits hereof and will bear the same legends, if any, as the certificate being replaced and shall rank pari passu equally in accordance with its terms with all other Warrants Warrant Certificates issued or to be issued hereunder. (b2) The applicant for the issue of a new Warrant Certificate certificate pursuant to this Section 2.8 section will bear the reasonable cost of the issue thereof and in case of loss, destruction or theft will, as a condition precedent to the issue thereof: (ia) furnish to the Corporation Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate certificate to be replaced as is satisfactory to the Corporation Company and to the Warrant Agent in their discretion, acting reasonably;, (iib) if so required by the Corporation or the Agentrequired, furnish an indemnity and surety bond in amount and form satisfactory to the Corporation Company and to the Agent Warrant Agent, in their respective discretion, acting reasonably; and (iiic) pay the reasonable charges of the Corporation Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Share Purchase Warrant Indenture (Infowave Software Inc)

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Issue in Substitution for Lost Certificates. Etc. (a1) If any a Warrant Certificate becomes mutilated or is lost, destroyed or stolen, the CorporationCompany, subject to applicable Law law and 2.8(bsubject to subsection (2), will issue, issue and thereupon the Warrant Agent will certify and deliver, deliver a new Warrant Certificate certificate of like denomination, date and tenor and denomination as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such the mutilated Warrant Certificate certificate or in lieu of and in substitution for such the lost, destroyed or stolen Warrant Certificate certificate, and the substituted Warrant Certificate will be in a form approved by the Agent and will shall entitle the holder thereof to the same rights and benefits hereof and will bear the same legends, if any, as the certificate being replaced and shall rank pari passu equally in accordance with its terms with all other Warrants Warrant Certificates issued or to be issued hereunder. (b2) The applicant for the issue of a new Warrant Certificate certificate pursuant to this Section 2.8 section will bear the reasonable cost of the issue thereof and in case of loss, destruction or theft will, as a condition precedent to the issue thereof: (ia) furnish to the Corporation Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate certificate to be replaced as is satisfactory to the Corporation Company and to the Warrant Agent in their discretion, acting reasonably; (iib) if so required by the Corporation or the Agent, furnish an indemnity and surety bond security in amount and form satisfactory to the Corporation Company and to the Agent Warrant Agent, in their respective discretion, acting reasonably; and (iiic) pay the reasonable charges of the Corporation Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture (Primero Mining Corp)

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