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

Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 7 contracts

Samples: Warrant Indenture (Aurora Cannabis Inc), Warrant Indenture (Aurora Cannabis Inc), Warrant Indenture (Aurora Cannabis Inc)

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Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(2Section 2.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A "A" hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, acting reasonably, and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion discretion, acting reasonably, and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 6 contracts

Samples: Warrant Indenture (Planet 13 Holdings Inc.), Warrant Indenture (Planet 13 Holdings Inc.), Warrant Indenture (Planet 13 Holdings Inc.)

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture shall become mutilated or be mutilated, lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver deliver, a new Warrant Certificate certificate of like denominationtenor, date and tenor bearing the same legends, as the one mutilated, lost, destroyed or stolen in exchange for, for and in place of and upon cancellation of such mutilated Warrant Certificatecertificate, or in lieu of and in substitution for such lost, destroyed or stolen Warrant Certificatecertificate, and the substituted Warrant Certificate certificate shall be substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate certificate pursuant to this section 3.6 Section 2.3 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, acting reasonably, and such applicant may shall also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion Agent, each acting reasonably, to save each of them harmless, and shall pay the reasonable expenses, charges of and any taxes applicable thereto to the Company and the Warrant Agent in connection therewith.

Appears in 6 contracts

Samples: Warrant Indenture, Warrant Indenture (Titan Medical Inc), Warrant Indenture (Titan Medical Inc)

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, shall as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, and such applicant may shall be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 5 contracts

Samples: Common Share Purchase Warrant Indenture (Goldcorp Inc), Common Share Purchase Warrant Indenture (Goldcorp Inc), Common Share Purchase Warrant Indenture (Goldcorp Inc)

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify countersign and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, shall as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion acting reasonably, and such applicant may shall be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 3 contracts

Samples: Warrant Indenture (Geovic Mining Corp.), Warrant Indenture (Geovic Mining Corp.), Warrant Indenture (Geovic Mining Corp.)

Issue in Substitution for Lost Warrant Certificates. (1a) If In the case where any Warrant Certificates issued and certified under this Indenture Certificate shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, law and subsection 3.6(2Section 2.6(b), shall issue and thereupon the Warrant Agent Trustee shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, for and in place of and upon cancellation of such mutilated Warrant Certificatecertificate, or in lieu of and in substitution for such lost, destroyed or stolen Warrant Certificatecertificate, and the substituted Warrant Certificate certificate shall be substantially in a form approved by the form set out in Schedule A hereto Trustee and Warrants evidenced by it will entitle the holder thereof shall be entitled to the benefits hereof and such substituted certificate shall rank equally in accordance with its terms with all other Warrant Certificates certificates issued or to be issued hereunder. (2b) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent Trustee such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent Trustee in their sole discretion discretion, and such applicant also may be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Company and the Warrant Agent Trustee in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent Trustee in connection therewith.

Appears in 2 contracts

Samples: Warrant Indenture (Agnico Eagle Mines LTD), Warrant Indenture (Gryphon Gold Corp)

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.7(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date denomination and tenor as as, and bearing the same legends, if any, the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section 2.7 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, and such applicant may shall be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 2 contracts

Samples: Warrant Indenture (Americas Silver Corp), Warrant Indenture

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as as, and bearing the same legends, if any, the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, and such applicant may shall be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 2 contracts

Samples: Common Share Purchase Warrant Indenture (Sandstorm Gold LTD), Common Share Purchase Warrant Indenture (Sandstorm Gold LTD)

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, shall as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, and such applicant may shall be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 2 contracts

Samples: Purchase Warrant Indenture (Peru Copper Inc), Purchase Warrant Indenture (Peru Copper Inc.)

Issue in Substitution for Lost Warrant Certificates. (1a) If In case any of the Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(b), shall will issue and thereupon the Warrant Agent shall will certify and deliver a new Warrant Certificate of like denomination, date and tenor tenor, and bearing the same legend, if any, as the one mutilated, lost, destroyed or stolen in exchange for, for and in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof be entitled to the benefits hereof and shall will rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder.. Such new Warrant Certificate shall bear the same legends, as set forth in Schedule “A”, which the surrendered Warrant Certificate bears (2b) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 shall 2.6 will bear the reasonable cost of the issue thereof and in the case of mutilation shallwill, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shallwill, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall will be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, and such applicant may also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall will pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 2 contracts

Samples: Warrant Indenture (MIGENIX Inc.), Warrant Indenture (MIGENIX Inc.)

Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(2Section 2.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A “A” hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, acting reasonably, and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion discretion, acting reasonably, and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 2 contracts

Samples: Warrant Indenture (First Person Ltd.), Warrant Indenture

Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the CompanyCorporation, subject to applicable law, and subsection 3.6(23.7(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section 3.7 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company Corporation and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company Corporation and to the Warrant Agent in their sole discretion and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company Corporation and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company Corporation and the Warrant Agent in connection therewith.

Appears in 2 contracts

Samples: Warrant Indenture (Cardiol Therapeutics Inc.), Warrant Indenture (IMV Inc.)

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates Warrants issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, shall as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, and such applicant may shall be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 2 contracts

Samples: Warrant Indenture (New Gold Inc. /FI), Warrant Indenture (New Gold Inc. /FI)

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture shall become mutilated or be mutilated, lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver deliver, a new Warrant Certificate certificate of like denominationtenor, date and tenor bearing the same legends, as the one mutilated, lost, destroyed or stolen in exchange for, for and in place of and upon cancellation of such mutilated Warrant Certificatecertificate, or in lieu of and in substitution for such lost, destroyed or stolen Warrant Certificatecertificate, and the substituted Warrant Certificate certificate shall be substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) . The applicant for the issue of a new Warrant Certificate certificate pursuant to this section 3.6 Section 2.3 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, acting reasonably, and such applicant may shall also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion to save each of them harmless, and shall pay the reasonable expenses, charges of and any taxes applicable thereto to the Company and the Warrant Agent in connection therewith.. Registration of interests in and transfers of Warrants, other than those issued to a U.S. Person, a person in the United States or a person for the account or benefit of a U.S. Person or a person in the United States, shall be made through the book-based system operated by CDS. Re-registration of beneficial interests in and transfers of Warrants held by CDS shall be made only through the book entry registration system and no Warrant Certificates shall be issued in respect of such Warrants except where physical certificates evidencing ownership in such securities are required or as set out herein or as may be requested by CDS, as determined by the Company, from time to time. Except as provided in this Section 2.4, owners of beneficial interests in any Book Entry Only Warrants or CDS Global Warrants shall not be entitled to have Warrants registered in their names and shall not receive or be entitled to receive Warrants in definitive form or to have their names appear in the register referred to in Section 3.2 herein. Notwithstanding any terms set out herein, Warrants having any legend set forth in Section 2.9(2) herein and held in the name of CDS may only be held in the form of Uncertificated Warrants with the prior consent of the Warrant Agent and in accordance with the internal procedures of the Warrant Agent. Transfers of beneficial ownership in any Warrant represented by CDS Global Warrants will be effected only (i) with respect to the interest of a CDS Participant, through records maintained by CDS or its nominee for such CDS Global Warrant, and (ii) with respect to the interest of any person other than a CDS Participant, through records maintained by CDS Participants. The rights of beneficial owners of Warrants represented by the CDS Global Warrants shall be limited to those established by applicable law and agreements between CDS and CDS Participants and between such CDS Participants and beneficial owners of Warrants and must be exercised through a CDS Participant in accordance with the rules and procedures of CDS. Notwithstanding anything in this Warrant Indenture in terms of any CDS Global Warrant, neither the Company nor the Warrant Agent nor any agent thereof shall have any responsibility or liability for:

Appears in 1 contract

Samples: Warrant Indenture

Issue in Substitution for Lost Warrant Certificates. (1a) If In case any of the Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(b), shall will issue and thereupon the Warrant Agent shall Trustee will certify and deliver a new Warrant Certificate of like denomination, date and tenor tenor, and bearing the same legend, if any, as the one mutilated, lost, destroyed or stolen in exchange for, for and in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Trustee and Warrants evidenced by it will entitle the holder thereof be entitled to the benefits hereof and shall will rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2b) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 shall 2.6 will bear the reasonable cost of the issue thereof and in the case of mutilation shallwill, as a condition precedent to the issue thereof, deliver to the Warrant Agent Trustee the mutilated Warrant Certificate, and in the case of loss, destruction or theft shallwill, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent Trustee such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall will be satisfactory to the Company and to the Warrant Agent Trustee in their sole discretion discretion, and such applicant may also be required to furnish an indemnity and surety bond and/or security in amount and form satisfactory to the Company and the Warrant Agent Trustee in their sole discretion and shall will pay the reasonable charges of the Company and the Warrant Agent Trustee in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture (Novagold Resources Inc)

Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(2Section 2.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A "A" hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) . The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, acting reasonably, and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion discretion, acting reasonably, and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture

Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(2Section 2.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A "A" hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, acting reasonably, and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion discretion, acting reasonably, and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture

Issue in Substitution for Lost Warrant Certificates. (1a) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(23.6(b), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2b) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture

Issue in Substitution for Lost Warrant Certificates. (1) If In case any Warrant Certificates issued and certified under this Indenture hereunder shall become mutilated or be mutilated, lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen (i) in exchange for, for and in place of and upon cancellation of such mutilated Warrant Certificate, certificate or (ii) in lieu of and in substitution for such lost, destroyed or stolen Warrant Certificate, certificate and the substituted Warrant Certificate certificate shall be substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof shall be entitled to the benefits benefit hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate certificate pursuant to this section 3.6 Subsection 2.10 (1) shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft theft, as the case may be, of the Warrant Certificate certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent Agent, acting reasonably, in their sole discretion and such applicant may also be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion to save each of them harmless, and shall pay the reasonable expenses, charges and any taxes applicable thereto of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Special Warrant Indenture (International Uranium Corp)

Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A “A” hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture

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Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(2Section 2.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, acting reasonably, and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion discretion, acting reasonably, and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture (Cybin Inc.)

Issue in Substitution for Lost Warrant Certificates. (1a) If In case any of the Warrant Certificates issued and or certified under this Warrant Indenture shall become mutilated or be lost, destroyed or stolen, the CompanyCorporation, subject to applicable law, and subsection 3.6(22.7(b), shall issue issue, and thereupon the Warrant Agent shall certify and deliver deliver, a new Warrant Certificate of like denomination, date and tenor (and including the applicable legends as outlined in subsection 2.2) as the one mutilated, lost, destroyed or stolen in exchange for, for and in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2b) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section 2.7 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company Corporation and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company Corporation and to the Warrant Agent in their sole discretion discretion, acting reasonably, and such applicant may also be required to furnish an indemnity and surety bond in an amount and form satisfactory to the Company Corporation and the Warrant Agent in their sole discretion respective discretion, acting reasonably, and shall pay the reasonable charges of the Company Corporation and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture (Pretium Resources Inc.)

Issue in Substitution for Lost Warrant Certificates. (1a) If In case any of the Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(b), shall will issue and thereupon the Warrant Agent shall will certify and deliver a new Warrant Certificate of like denomination, date and tenor tenor, and bearing the same legend, if any, as the one mutilated, lost, destroyed or stolen in exchange for, for and in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof be entitled to the benefits hereof and shall will rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. Such new Warrant Certificate shall bear the same legends as set out in Schedule "A" which the surrendered Warrant bears. (2b) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 shall 2.6 will bear the reasonable cost of the issue thereof and in the case of mutilation shallwill, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shallwill, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall will be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, and such applicant may will also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall will pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture (Crosshair Exploration & Mining Corp)

Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(2Section 2.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A “A” hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, acting reasonably, and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion discretion, acting reasonably, and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture (Mind Medicine (MindMed) Inc.)

Issue in Substitution for Lost Warrant Certificates. (1) If In case any of the Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the CompanyCorporation, subject to applicable law, and subsection 3.6(2Subsection 2.06(2), shall issue and thereupon the Warrant Agent Trustee shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, for and in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Trustee and Warrants evidenced by it will entitle the holder thereof shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section 2.06 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent Trustee the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company Corporation and to the Warrant Agent Trustee such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company Corporation and to the Warrant Agent Trustee in their sole discretion discretion, and such applicant may also be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Company Corporation and the Warrant Agent Trustee in their sole discretion and shall pay the reasonable charges of the Company Corporation and the Warrant Agent Trustee in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture (Echo Bay Mines LTD)

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date denomination and tenor as as, and bearing the same legends, if any, the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, and such applicant may shall be required to furnish an indemnity and surety bond security in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture (FRANCO NEVADA Corp)

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A “A” hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion and such applicant may shall be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.therewith.‌

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A “A” hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion and such applicant may shall be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture (Silver Wheaton Corp.)

Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A Error! Reference source not found. hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture

Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A "A" hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture (KWESST Micro Systems Inc.)

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(22.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates Warrants issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, shall as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, and such applicant may shall be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture

Issue in Substitution for Lost Warrant Certificates. (1) If In the event that any Warrant Certificates issued and certified under this Indenture indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, law and subsection 3.6(2)2.6(2) hereof, shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in a form approved by the form set out in Schedule A hereto Warrant Agent and the Company and New Warrants evidenced by it will entitle the holder thereof to the benefits hereof and thereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent Agent, each in their sole discretion discretion, and such applicant may shall be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Company and the Warrant Agent Agent, each in their sole discretion discretion, and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture (Silver Wheaton Corp.)

Issue in Substitution for Lost Warrant Certificates. (1) If any Warrant Certificates issued and certified under this Indenture shall become mutilated or be lost, destroyed or stolen, the Company, subject to applicable law, and subsection 3.6(2Section 2.6(2), shall issue and thereupon the Warrant Agent shall certify and deliver a new Warrant Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for, in place of and upon 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 substantially in the form set out in Schedule A "A" hereto and Warrants evidenced by it will entitle the holder thereof to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section 3.6 Section 2.6 shall bear the reasonable cost of the issue thereof and in the case of mutilation shall, as a condition precedent to the issue thereof, deliver to the Warrant Agent the mutilated Warrant Certificate, and in the case of loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Company and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate so lost, destroyed or stolen as shall be satisfactory to the Company and to the Warrant Agent in their sole discretion discretion, acting reasonably, and such applicant may be required to furnish an indemnity and surety bond in amount and form satisfactory to the Company and the Warrant Agent in their sole discretion discretion, acting reasonably, and shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Appears in 1 contract

Samples: Warrant Indenture (Lowell Farms Inc.)

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