Issue in Substitution for Lost Warrant Certificates. (a) In case any Warrant Certificate shall be mutilated, lost, destroyed or stolen, the Corporation, subject to applicable law, shall issue and thereupon the Warrant Agent shall certify and deliver, a new certificate of like tenor as the one mutilated, lost, destroyed or stolen in exchange for and in place of and upon cancellation of such mutilated certificate, or in lieu of and in substitution for such lost, destroyed or stolen certificate, and the substituted certificate shall be in a form approved by the Warrant Agent and 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. (b) The applicant for the issue of a new certificate pursuant to this Section 2.4(b) shall 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, furnish to the Corporation and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Warrant Agent in their sole discretion, acting reasonably, and such applicant shall also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and the Warrant Agent to save each of them harmless, and shall pay the reasonable expenses, charges and any taxes applicable thereto to the Corporation and the Warrant Agent in connection therewith.
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Samples: Warrant Indenture (Energy Fuels Inc), Warrant Indenture (Energy Fuels Inc), Warrant Indenture (Energy Fuels Inc)
Issue in Substitution for Lost Warrant Certificates. (a1) In the case where any Warrant Certificate certificate shall become mutilated or be mutilated, lost, destroyed or stolen, the Corporation, subject to applicable lawlaw and subsection 2.06(2), shall issue and thereupon the Warrant Agent Trustee shall certify and deliver, deliver a new Warrant certificate of like tenor as the one mutilated, lost, destroyed or stolen in exchange 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 in a form approved by the Warrant Agent Trustee and shall be entitled entitle the holder to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates certificates issued or to be issued hereunder.
(b2) The applicant for the issue of a new Warrant certificate pursuant to this Section 2.4(b) 2.06 shall bear the reasonable cost of the issue thereof and in case of loss, destruction or theft shallshall furnish to the Corporation and to the Trustee, as a condition precedent to the issue thereof, furnish to the 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 Corporation and to the Warrant Agent Trustee in their sole discretion, acting reasonably, and such applicant shall may also be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Corporation and the Warrant Agent to save each of them harmless, Trustee in their sole discretion and shall pay the reasonable expenses, charges and any taxes applicable thereto to of the Corporation and the Warrant Agent Trustee in connection therewith.
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Samples: Special Warrant Indenture (Learning Co Inc), Special Warrant Indenture (Learning Co Inc)
Issue in Substitution for Lost Warrant Certificates. (a) In the case where any Warrant Certificate certificate shall become mutilated or be mutilated, lost, destroyed or stolen, the Corporation, subject to applicable lawlaw and section 2.6(b), shall issue and thereupon the Warrant Agent Trustee shall certify and deliver, deliver a new Warrant certificate of like date and tenor as the one mutilated, lost, destroyed or stolen in exchange for and in place of and upon cancellation of such mutilated certificate, or in lieu of and in substitution for such lost, destroyed or stolen certificate, and the substituted certificate shall be in a form approved by the Warrant Agent Trustee and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Warrant Certificates certificates issued or to be issued hereunder.
(b) The applicant for the issue of a new certificate pursuant to this Section 2.4(b) section 2.6 shall 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, furnish to the Corporation and to the Warrant Agent Trustee such evidence of ownership and of the loss, destruction or theft of the certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Warrant Agent Trustee in their sole discretion, acting reasonably, and such applicant shall also may be required to furnish an indemnity and and/or surety bond in amount and form satisfactory to the Corporation and the Warrant Agent to save each of them harmless, Trustee in their sole discretion and shall pay the reasonable expenses, charges and any taxes applicable thereto to of the Corporation and the Warrant Agent Trustee in connection therewith.
Appears in 1 contract
Samples: Warrant Indenture (MDS Inc)
Issue in Substitution for Lost Warrant Certificates. (a) In case any Warrant Certificate shall be mutilated, lost, destroyed or stolen, the Corporation, subject to applicable law, shall issue and thereupon the Warrant Agent shall certify and deliver, a new certificate of like tenor as the one mutilated, lost, destroyed or stolen in exchange for and in place of and upon cancellation of such mutilated certificate, or in lieu of and in substitution for such lost, destroyed or stolen certificateWarrant Certificate, and the substituted certificate Warrant Certificate shall be in a form approved by the Warrant Agent and 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.
(b) The applicant for the issue of a new certificate pursuant to this Section 2.4(b) shall 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, furnish to the Corporation and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Warrant Agent in their sole discretion, acting reasonably, and such applicant shall also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and the Warrant Agent to save each of them harmless, and shall pay the reasonable expenses, charges and any taxes applicable thereto to the Corporation and the Warrant Agent in connection therewith.
Appears in 1 contract