Common use of Issue in Substitution for Subscription Receipt Certificates Lost, etc Clause in Contracts

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b), shall issue, and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 6 contracts

Samples: Subscription Receipt Agreement (Cae Inc), Subscription Receipt Agreement (Cae Inc), Subscription Receipt Agreement

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Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case If any Subscription Receipt Certificate shall become becomes mutilated or be is lost, destroyed or stolen, the Corporation, subject to applicable law Applicable Law and compliance with Section 2.10(b2.6(b), shall issue, and thereupon the Subscription Receipt Agent shall certify and deliver, issue a new Subscription Receipt Certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for and in place of and upon cancellation of such mutilated Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be substantially in a the form approved by set out in Schedule "A" hereto and the Subscription Receipt Agent and Receipts evidenced thereby shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunderhereunder by the Corporation. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.6 shall bear the reasonable cost of the issue thereof and in case of loss, destruction or theft theft, shall, as a condition precedent to the issue thereof, furnish to the Corporation and to the Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall may also be required to furnish an indemnity and a surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 5 contracts

Samples: Master Purchase Agreement (1397468 B.C. Ltd.), Master Purchase Agreement (1397468 B.C. Ltd.), Master Purchase Agreement (1397468 B.C. Ltd.)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the CorporationTrust, subject to applicable law and compliance with Section 2.10(b)paragraph (b) below, shall issue, issue and thereupon the Subscription Receipt Escrow Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Escrow Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 shall bear the 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 Trust and to the Subscription Receipt Escrow Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation Trust and to the Subscription Receipt Escrow Agent in their sole discretion, 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 Trust and the Subscription Receipt Escrow Agent in their sole discretion and shall pay the reasonable charges of the Corporation Trust and the Subscription Receipt Escrow Agent in connection therewith.

Appears in 4 contracts

Samples: Subscription Receipt Agreement (Canetic Resources Trust), Subscription Receipt Agreement (Canetic Resources Trust), Subscription Receipt Agreement (Paramount Energy Trust)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section Subsection 2.10(b), shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 shall bear the cost of the issue thereof and in case of mutilation, loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Corporation and to the Subscription Receipt Agent such evidence of ownership and of the mutilation, loss, destruction or theft of the Subscription Receipt Certificate so mutilated, lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 3 contracts

Samples: Subscription Receipt Agreement (Gran Tierra Energy Inc.), Subscription Receipt Agreement (Gran Tierra Energy Inc.), Subscription Receipt Agreement (Gran Tierra Energy Inc.)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case If any Subscription Receipt Certificate shall become becomes mutilated or be is lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b), Company shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt Certificate of like tenor and bearing the same legends as the one mutilated, lost, destroyed or stolen in exchange for and in place of and upon cancellation of such mutilated Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and the Subscription Receipts evidenced thereby shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunderhereunder by the Company. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.9 shall bear the reasonable cost of the issue thereof and in case of loss, destruction or theft theft, shall, as a condition precedent to the issue thereof, furnish to the Corporation Company and to the Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation Company and to the Subscription Receipt Agent Agent, in their sole discretiondiscretion acting reasonably, and such applicant shall may also be required to furnish an indemnity and a surety bond in amount and form satisfactory to the Corporation Company and the Subscription Receipt Agent Agent, in their sole discretion acting reasonably, and shall pay the reasonable charges of the Corporation Company and the Subscription Receipt Agent in connection therewith.

Appears in 2 contracts

Samples: Subscription Receipt Agreement (Adira Energy Ltd.), Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case If any Subscription Receipt Certificate shall become mutilated or be is mutilated, lost, destroyed or stolen, the CorporationCGI, subject to applicable law and compliance with Section 2.10(b)law, shall issue, issue and thereupon the Subscription Receipt Escrow Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Escrow Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. When a new Subscription Receipt Certificate has been issued in substitution for a Subscription Receipt Certificate which has been mutilated, lost, stolen or destroyed, only one of such certificates shall be counted for the purpose of determining the number of Subscription Receipts outstanding. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.9 shall bear the 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 CGI and to the Subscription Receipt Escrow Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation CGI and to the Subscription Receipt Escrow Agent 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 CGI and the Subscription Receipt Escrow Agent in their sole discretion and shall pay the reasonable charges of the Corporation CGI and the Subscription Receipt Escrow Agent in connection therewith.

Appears in 2 contracts

Samples: Subscription Receipt Agreement (Bce Inc), Subscription Receipt Agreement (Cgi Group Inc)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a1) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law laws and compliance with Section 2.10(b)2.11(2) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b2) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Corporation and the Subscription Receipt Agent Agent, in their sole discretion discretion, and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 2 contracts

Samples: Subscription Receipt Agreement, Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)2.9(b) below, shall issue, and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.9 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent each in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Corporation and the Subscription Receipt Agent each in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 2 contracts

Samples: Subscription Receipt Agreement (Manulife Financial Corp), Subscription Receipt Agreement (Manulife Financial Corp)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the CorporationSpark, subject to applicable law and compliance with Section 2.10(b)paragraph (b) below, shall issue, issue and thereupon the Subscription Receipt Escrow Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.9 shall bear the 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 Spark and to the Subscription Receipt Escrow Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation Spark and to the Subscription Receipt Escrow Agent in their sole discretion, and such applicant shall may also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation Spark and the Subscription Receipt Escrow Agent in their sole discretion and shall pay the reasonable charges of the Corporation Spark and the Subscription Receipt Escrow Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)paragraph (b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, 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 Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Baytex Energy Corp.)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)2.11(b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify Certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms pari passu with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall may also be required to furnish an indemnity and surety bond in an amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.therewith.‌

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case If any Subscription Receipt Certificate shall become becomes mutilated or be is lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b), Corporation shall issue, and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt Certificate of like tenor and bearing the same legends as the one mutilated, lost, destroyed or stolen in exchange for and in place of and upon cancellation of such mutilated Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and the Subscription Receipts evidenced thereby shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunderhereunder by the Corporation. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.8 shall bear the reasonable cost of the issue thereof and in case of loss, destruction or theft theft, shall, as a condition precedent to the issue thereof, furnish to the Corporation and to the Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent Agent, in their sole discretiondiscretion acting reasonably, and such applicant shall also be required to furnish an indemnity and a surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent Agent, in their sole discretion acting reasonably, and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Postmedia Network Canada Corp.)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate issued pursuant to this Agreement shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)paragraph (b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify Authenticate and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. When a new Subscription Receipt Certificate has been issued in substitution for a Subscription Receipt Certificate that has been lost, stolen or destroyed, only the Subscription Receipts represented by one of such certificates shall be counted for the purpose of determining the number of Subscription Receipts outstanding. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.12 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b2.11(b), shall issue, and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, 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 Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Transcanada Corp)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)Subsection 2.12(b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.12 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall may also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case If any Subscription Receipt Certificate shall become becomes mutilated or be is lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b), Corporation shall issue, issue and thereupon the Subscription Receipt Agent Trustee shall certify and deliver, a new Subscription Receipt Certificate of like tenor and bearing the same legends as the one mutilated, lost, destroyed or stolen in exchange for and in place of and upon cancellation of such mutilated Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Trustee and the Subscription Receipt Agent and Receipts evidenced thereby shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunderhereunder by the Corporation. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.8 shall bear the reasonable cost of the issue thereof and in case of loss, destruction or theft theft, shall, as a condition precedent to the issue thereof, furnish to the Corporation and to the Subscription Receipt Agent Trustee such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent Trustee, in their sole discretiondiscretion acting reasonably, and such applicant shall also be required to furnish an indemnity and a surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent Trustee, in their sole discretion acting reasonably, and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent Trustee in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Catalyst Paper Corp)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)Subsection 2.11(b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) . The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall may also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)paragraph (b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the CorporationTrust, subject to applicable law and compliance with Section 2.10(b)paragraph (b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 shall bear the 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 Trust and to the Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation Trust and to the Subscription Receipt Agent in their sole discretion, 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 Trust and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation Trust and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Harvest Energy Trust)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates shall become mutilated or be lost, destroyed or stolen, the CorporationZarlink, subject to applicable law laws and compliance with Section 2.10(b)2.11(b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Zarlink and to the Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation Zarlink and to the Subscription Receipt Agent in their sole discretion, 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 Zarlink and the Subscription Receipt Agent Agent, in their sole discretion discretion, and shall pay the reasonable charges of the Corporation Zarlink and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Zarlink Semiconductor Inc)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case If any Subscription Receipt Certificate shall become issued pursuant to this Agreement becomes mutilated or be is lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b), Company shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt Certificate of like tenor and bearing the same legends as the one mutilated, lost, destroyed or stolen in exchange for and in place of and upon cancellation of such mutilated Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a the form approved by of the certificate set out in Schedule “A” hereto and the Subscription Receipt Agent and Receipts evidenced thereby shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunderhereunder by the Company. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.8 shall bear the reasonable cost of the issue thereof and in case of loss, destruction or theft theft, shall, as a condition precedent to the issue thereof, furnish to the Corporation Company and to the Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation Company and to the Subscription Receipt Agent Agent, in their sole discretiondiscretion acting reasonably, and such applicant shall also be required to furnish an indemnity and a surety bond in amount and form satisfactory to the Corporation Company and the Subscription Receipt Agent Agent, in their sole discretion acting reasonably, and shall pay the reasonable charges of the Corporation Company and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate issued pursuant to this Agreement shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)paragraph (b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.13 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond or other security in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Obsidian Energy Ltd.)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case If any Subscription Receipt Certificate shall become issued pursuant to this Agreement becomes mutilated or be is lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b), Corporation shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt Certificate of like tenor and bearing the same legends as the one mutilated, lost, destroyed or stolen in exchange for and in place of and upon cancellation of such mutilated Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a the form approved by of the certificate set out in Schedule "A" hereto and the Subscription Receipt Agent and Receipts evidenced thereby shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunderhereunder by the Corporation. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.8 shall bear the reasonable cost of the issue thereof and in case of loss, destruction or theft theft, shall, as a condition precedent to the issue thereof, furnish to the Corporation and to the Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent Agent, in their sole discretiondiscretion acting reasonably, and such applicant shall also be required to furnish an indemnity and a surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent Agent, in their sole discretion acting reasonably, and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

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Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates shall become mutilated or be lost, destroyed or stolen, the CorporationCompany, subject to applicable law (including Applicable Securities Laws) and compliance with Section 2.10(b2.11(b), shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Company and to the Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation Company and to the Subscription Receipt Agent each in their sole discretion, and such applicant shall may also be required to furnish an indemnity and or surety bond in an amount and form satisfactory to the Corporation Company and the Subscription Receipt Agent Agent, each in their sole discretion discretion, and shall pay the reasonable charges of the Corporation Company and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Swisher Hygiene Inc.)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case If any Subscription Receipt Certificate shall become is mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)paragraph (b) below, shall issue, will issue and thereupon the Corporation and the Subscription Receipt Agent shall Trustee will certify (by its counterpart signature) and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the . Every substituted Subscription Receipt Certificate shall is to be in a form approved by the Subscription Receipt Agent and shall be entitled Trustee, entitles the holder to the benefits hereof hereof, and shall rank ranks equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. When a new Subscription Receipt Certificate has been issued in substitution for a Subscription Receipt Certificate which has been mutilated, lost, stolen or destroyed, only one of such certificates is counted for the purpose of determining the number of Subscription Receipts outstanding. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 shall 2.7 will bear the cost of the issue thereof and and, in case of loss, destruction or theft shallwill, as a condition precedent to the issue thereof, furnish to the Corporation and to the Subscription Receipt Agent Trustee such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be is satisfactory to the Corporation and to the Subscription Receipt Agent Trustee, each in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Corporation and the Subscription Receipt Agent Trustee each in their sole discretion discretion, and shall will pay the reasonable charges of the Corporation and the Subscription Receipt Agent Trustee in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Australian Canadian Oil Royalties LTD)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b2.12(b), shall issue, and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.12 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, 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 Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Engine Gaming & Media, Inc.)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)2.11(b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify Certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms pari passu with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall may also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b2.11(b), shall issue, and thereupon the Subscription Receipt Escrow Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Escrow Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Subscription Receipt Escrow Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Escrow Agent in their sole discretion, 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 Subscription Receipt Escrow Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Escrow Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Transcanada Corp)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case If any Subscription Receipt Certificate shall become becomes mutilated or be is lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b), Company shall issue, issue and thereupon the Subscription Receipt Agent shall certify Certify and deliver, a new Subscription Receipt Certificate of like tenor and bearing the same legends as the one mutilated, lost, destroyed or stolen in exchange for and in place of and upon cancellation of such mutilated Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a the form approved by of the certificate set out in Schedule “A” hereto and the Subscription Receipt Agent and Receipts evidenced thereby shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunderhereunder by the Company. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 shall bear the reasonable cost of the issue thereof and in case of loss, destruction or theft theft, shall, as a condition precedent to the issue thereof, furnish to the Corporation Company and to the Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation Company and to the Subscription Receipt Agent Agent, in their sole discretiondiscretion acting reasonably, and such applicant shall may also be required to furnish an indemnity and a surety bond in amount and form satisfactory to the Corporation Company and the Subscription Receipt Agent Agent, in their sole discretion acting reasonably, and shall pay the reasonable charges of the Corporation Company and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Response Biomedical Corp)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case the event any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b2.12(b), shall issue, and thereupon the Subscription Receipt Agent shall certify Authenticate and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.12 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Pembina Pipeline Corp)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate issued pursuant to this Agreement shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)paragraph (b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent Agent, each in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent Agent, each in their sole discretion discretion, and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Bellatrix Exploration Ltd.)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates shall become mutilated or be lost, destroyed or stolen, the CorporationCompany, subject to applicable law and compliance with Section 2.10(b)2.9(b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.9 shall bear the 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 Company and to the Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation Company and to the Subscription Receipt Agent each in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Corporation Company and the Subscription Receipt Agent each in their sole discretion and shall pay the reasonable charges of the Corporation Company and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Us Geothermal Inc)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates issued and certified pursuant to this Agreement shall become mutilated or be lost, destroyed or stolen, the CorporationTrust, subject to applicable law laws and compliance with Section 2.10(b)2.11(b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, deliver a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Trust and to the Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation Trust and to the Subscription Receipt Agent Agent, each in their sole discretion, 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 Trust and the Subscription Receipt Agent Agent, each in their sole discretion discretion, and shall pay the reasonable charges of the Corporation Trust and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(bSubsection 2.11(b), shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt Certificate of like tenor and bearing the same legends, as applicable, as the one mutilated, lost, destroyed or stolen in exchange for and in place of and upon cancellation of such mutilated Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the cost of the issue thereof and in case of mutilation, loss, destruction or theft shall, as a condition precedent to the issue thereof, furnish to the Corporation and to the Subscription Receipt Agent such evidence of ownership and of the mutilation, loss, destruction or theft of the Subscription Receipt Certificate so mutilated, lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall also be required to furnish an indemnity and surety bond or security in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law and compliance with Section 2.10(b)Subsection 2.11(b) below, shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent in their sole discretion, and such applicant shall may also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and the Subscription Receipt Agent in their sole discretion and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Amaya Inc.)

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates issued pursuant to this Agreement shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law laws and compliance with Section 2.10(b2.11(b), shall issue, issue and thereupon the Subscription Receipt Agent shall certify and deliver, deliver a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent Corporation and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent Corporation, in their its sole discretion, 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 Subscription Receipt Agent Corporation, in their its sole discretion discretion, and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any Subscription Receipt Certificate shall become mutilated or be lost, destroyed or stolen, the CorporationMongoose, subject to applicable law and compliance with Section 2.10(b)paragraph (b) below, shall issue, issue and thereupon the Subscription Receipt Escrow Agent shall certify and deliver, a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.9 shall bear the 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 Mongoose and to the Subscription Receipt Escrow Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation Mongoose and to the Subscription Receipt Escrow Agent in their sole discretion, and such applicant shall may also be required to furnish an indemnity and surety bond in amount and form satisfactory to the Corporation Mongoose and the Subscription Receipt Escrow Agent in their sole discretion and shall pay the reasonable charges of the Corporation Mongoose and the Subscription Receipt Escrow Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Issue in Substitution for Subscription Receipt Certificates Lost, etc. (a) In case any of the Subscription Receipt Certificate Certificates issued and Authenticated pursuant to this Agreement shall become mutilated or be lost, destroyed or stolen, the Corporation, subject to applicable law laws and compliance with Section 2.10(b2.11(b), shall issue, issue and thereupon the Subscription Receipt Agent shall certify Authenticate and deliver, deliver a new Subscription Receipt 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 Subscription Receipt Certificate, or in lieu of and in substitution for such lost, destroyed or stolen Subscription Receipt Certificate, and the substituted Subscription Receipt Certificate shall be in a form approved by the Subscription Receipt Agent and shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Subscription Receipts Receipt Certificates issued or to be issued hereunder. (b) The applicant for the issue of a new Subscription Receipt Certificate pursuant to this Section 2.10 2.11 shall bear the 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 Subscription Receipt Agent such evidence of ownership and of the loss, destruction or theft of the Subscription Receipt Certificate so lost, destroyed or stolen as shall be satisfactory to the Corporation and to the Subscription Receipt Agent Agent, each in their sole discretion, 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 Subscription Receipt Agent Agent, each in their sole discretion discretion, and shall pay the reasonable charges of the Corporation and the Subscription Receipt Agent in connection therewith.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Americas Gold & Silver Corp)

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