Common use of Loss, Theft, Etc Clause in Contracts

Loss, Theft, Etc. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate (which evidence shall be, in the case of any Purchaser or another institutional investor, notice from such institutional investor of such ownership (or of ownership by such institutional investor's nominee) and such loss, theft, destruction or mutilation), and: (i) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company; PROVIDED, HOWEVER, that if the holder of such Warrant Certificate is an institutional investor or a Purchaser, or a nominee of an institutional investor or a Purchaser, such Purchaser's or institutional investor's own unsecured agreement of indemnity shall be deemed to be satisfactory; or (ii) in the case of mutilation, upon surrender and cancellation thereof; the Company at its own expense will execute and deliver, in lieu thereof, a new Warrant Certificate, dated the date of such lost, stolen, destroyed or mutilated Warrant Certificate and of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate.

Loss, Theft, Etc. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate (which evidence shall be, in the case of any the Purchaser or another institutional investor, notice from such institutional investor of such ownership (or of ownership by such institutional investor's nominee) and such loss, theft, destruction or mutilation), and: (i) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company; PROVIDEDprovided, HOWEVERhowever, that if the holder of such Warrant Certificate is an the Purchaser or another institutional investor or a Purchaserinvestor, or a nominee of an the Purchaser or another institutional investor or a Purchaserinvestor, such the Purchaser's or institutional investor's own unsecured agreement of indemnity shall be deemed to be satisfactory; or (ii) in the case of mutilation, upon surrender and cancellation thereof; the Company at its own expense will execute and deliver, in lieu thereof, a new Warrant Certificate, dated the date of such lost, stolen, destroyed or mutilated Warrant Certificate and of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate.

Loss, Theft, Etc. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate (which evidence shall be, in the case of any Purchaser or another institutional investor, notice from such institutional investor of such ownership (or of ownership by such institutional investor's nominee) and such loss, theft, destruction or mutilation), and: (i) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company; PROVIDEDprovided, HOWEVERhowever, that if the holder of such Warrant Certificate is an institutional investor or a Purchaser, or a nominee of an institutional investor or a Purchaser, such the Purchaser's or institutional investor's own unsecured agreement of indemnity shall be deemed to be satisfactory; or (ii) in the case of mutilation, upon surrender and cancellation thereof; the Company at its own expense will execute and deliver, in lieu thereof, a new Warrant Certificate, dated the date of such lost, stolen, destroyed or mutilated Warrant Certificate and of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate.

Loss, Theft, Etc. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate (which evidence shall be, in the case of any Purchaser Holder or another institutional investor, notice from such institutional investor of such ownership (or of ownership by such institutional investor's nominee) and such loss, theft, destruction or mutilation), and: (i) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company; PROVIDEDprovided, HOWEVERhowever, that if the holder of such Warrant Certificate is an institutional investor or a PurchaserHolder, or a nominee of an institutional investor or a PurchaserHolder, such PurchaserHolder's or institutional investor's own unsecured agreement of indemnity shall be deemed to be satisfactory; or (ii) in the case of mutilation, upon surrender and cancellation thereof; the Company at its own expense will execute and deliver, in lieu thereof, a new Warrant Certificate, dated the date of such lost, stolen, destroyed or mutilated Warrant Certificate Certificate, evidencing the same Series and of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate.