Common use of Loss, Theft, Destruction or Mutilation of Warrant Certificates Clause in Contracts

Loss, Theft, Destruction or Mutilation of Warrant Certificates. Upon receipt by GenTek and the Warrant Agent of evidence reasonably satisfactory to them of the ownership and the loss, theft, destruction or mutilation of any Warrant Certificate, and, if requested, an indemnity bond in form and amount and with corporate surety satisfactory to them that is customary, and (in the case of mutilation) upon surrender and cancellation thereof, then, in the absence of notice to GenTek or the Warrant Agent that the Tranche A Warrants represented thereby have been acquired by a bona fide purchaser, GenTek shall issue and the Warrant Agent shall countersign and deliver to the Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange and substitution for or in lieu thereof, a new Warrant Certificate of the same tenor and representing an equivalent number of Tranche A Warrants. Upon the issuance of any new Warrant Certificate under this Article V, GenTek may require the payment of a sum sufficient to cover any tax or other reasonable governmental charge that may be imposed in relation thereto and other expenses (including the reasonable fees and expenses of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Article V in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall constitute an original contractual obligation of GenTek, whether or not the allegedly lost, stolen, destroyed or mutilated Warrant Certificates shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Article V are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Loss, Theft, Destruction or Mutilation of Warrant Certificates. Upon receipt by GenTek and the Warrant Agent of evidence reasonably satisfactory to them of the ownership and the loss, theft, destruction or mutilation of any Warrant Certificate, and, if requested, an indemnity bond in form and amount and with corporate surety satisfactory to them that is customary, customary and (in the case of mutilation) upon surrender and cancellation thereof, then, in the absence of notice to GenTek or the Warrant Agent that the Tranche A C Warrants represented thereby have been acquired by a bona fide purchaser, GenTek shall issue and the Warrant Agent shall countersign and deliver to the Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange and substitution for or in lieu thereof, a new Warrant Certificate of the same tenor and representing an equivalent number of Tranche A C Warrants. Upon the issuance of any new Warrant Certificate under this Article V, GenTek may require the payment of a sum sufficient to cover any tax or other reasonable governmental charge that may be imposed in relation thereto and other expenses (including the reasonable fees and expenses of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Article V in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall constitute an original contractual obligation of GenTek, whether or not the allegedly lost, stolen, destroyed or mutilated Warrant Certificates shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Article V are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Loss, Theft, Destruction or Mutilation of Warrant Certificates. Upon receipt by GenTek and the Warrant Agent of evidence reasonably satisfactory to them of the ownership and the loss, theft, destruction or mutilation of any Warrant Certificate, and, if requested, an indemnity bond in form and amount and with corporate surety satisfactory to them that is customary, and (in the case of mutilation) upon surrender and cancellation thereof, then, in the absence of notice to GenTek or the Warrant Agent that the Tranche A B Warrants represented thereby have been acquired by a bona fide purchaser, GenTek shall issue and the Warrant Agent shall countersign and deliver to the Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange and substitution for or in lieu thereof, a new Warrant Certificate of the same tenor and representing an equivalent number of Tranche A B Warrants. Upon the issuance of any new Warrant Certificate under this Article V, GenTek may require the payment of a sum sufficient to cover any tax or other reasonable governmental charge that may be imposed in relation thereto and other expenses (including the reasonable fees and expenses of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Article V in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall constitute an original contractual obligation of GenTek, whether or not the allegedly lost, stolen, destroyed or mutilated Warrant Certificates shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Article V are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Loss, Theft, Destruction or Mutilation of Warrant Certificates. Upon receipt by GenTek Sterling and the Warrant Agent of evidence reasonably satisfactory to them of the ownership and the loss, theft, destruction or mutilation of any Warrant Certificate, and, if requested, and an indemnity bond in form and amount and with corporate surety satisfactory to them that is customarythem, and (in the case of mutilation) upon surrender and cancellation thereof, then, in the absence of notice to GenTek Sterling or the Warrant Agent that the Tranche A Warrants represented thereby have been acquired by a bona fide purchaser, GenTek Sterling shall issue and the Warrant Agent shall countersign and deliver to the Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange and substitution for or in lieu thereof, a new Warrant Certificate of the same tenor and representing an equivalent number of Tranche A Warrants. Upon the issuance of any new Warrant Certificate under this Article V, GenTek Sterling may require the payment of a sum sufficient to cover any tax or other reasonable governmental charge that may be imposed in relation thereto and other expenses (including the reasonable fees and expenses of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Article V in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall constitute an original contractual obligation of GenTekSterling, whether or not the allegedly lost, stolen, destroyed or mutilated Warrant Certificates shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Article V are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.