Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrant, and upon reimbursement to the Company of all reasonable expenses incidental thereto, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form and dated as of such cancellation.
Appears in 46 contracts
Samples: Note Purchase Agreement (QS Energy, Inc.), Note Purchase Agreement (QS Energy, Inc.), Note Purchase Agreement (QS Energy, Inc.)
Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the Company of evidence reasonably satisfactory to it (such as an affidavit of the holder hereof) of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrantit, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form of like tenor and dated as of such cancellation, in lieu of this Warrant.
Appears in 6 contracts
Samples: Warrant Agreement (Cytokinetics Inc), Warrant Agreement (Cytokinetics Inc), Warrant Agreement (Cytokinetics Inc)
Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by ------------------------------------------------- the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrantit, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form of like tenor and dated as of such cancellation, in lieu of this Warrant.
Appears in 3 contracts
Samples: Sublease Agreement (Andromedia Inc), Common Stock and Warrant Purchase Agreement (Santa Cruz Operation Inc), Stock Purchase Warrant (Catalytica Inc)
Loss, Theft, Destruction or Mutilation of Warrant. Upon On receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of this Warrant, and in case of any such loss, theft or destruction of this Warrant, upon on delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon on surrender and cancellation of such Warrant, and upon reimbursement to the Company of all reasonable expenses incidental thereto, the Company will make execute and deliver to the Holderholder, in lieu thereof, a new Warrant in substantially identical form and form, dated as of such cancellationcancellation and reissuance.
Appears in 2 contracts
Samples: Warrant Agreement (LXN Corp), Common Stock Purchase Warrant (LXN Corp)
Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the Company of (i) evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and (ii) in the case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrantit, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make issue and deliver to the Holder, in lieu thereof, Holder a new Warrant in substantially identical form of like tenor and dated as of such cancellationcancellation and reissuance, in lieu of this Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Amedisys Inc), Warrant Agreement (Amedisys Inc)
Loss, Theft, Destruction or Mutilation of Warrant. Upon The Company covenants that upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company orit (which, in the case of the Warrant, shall not include the posting of any such mutilationbond) and any transfer agent appointed by the Company for the Warrant, and upon surrender and cancellation of such Warrant, and upon reimbursement to the Company of all reasonable expenses incidental theretoif mutilated, the Company at its expense will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form and of like tenor dated as of such cancellation, in lieu of such Warrant.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Developers Diversified Realty Corp), Common Share Purchase Warrant (Developers Diversified Realty Corp)
Loss, Theft, Destruction or Mutilation of Warrant. Upon In case of loss, theft or destruction or mutilation of this Warrant, upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such WarrantCompany, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form of like tenor and dated as of such cancellation, in lieu of this Warrant.
Appears in 1 contract
Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the ------------------------------------------------- Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrantit, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form of like tenor and dated dated, as of such cancellation, in lieu of this Warrant.
Appears in 1 contract
Samples: Stock Purchase Warrant (Catalytica Energy Systems Inc)
Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction of this Warrant, upon delivery of an indemnity agreement agreement, surety bond or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrant, and upon reimbursement to the Company of all reasonable expenses incidental thereto, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form and dated as of such cancellation.
Appears in 1 contract
Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by ------------------------------------------------- the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such WarrantCompany, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, replace this Warrant with a new Warrant in substantially identical form and of like tenor, dated as of such cancellation, and deliver it to the Warrantholder.
Appears in 1 contract
Samples: Common Stock Warrant (New Zmax Corp)