Common use of Lost Certificate Clause in Contracts

Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Common Stock Consideration or the applicable Per Share Preferred Stock Consideration, as the case may be, deliverable in respect thereof as determined in accordance with this Article III.

Appears in 2 contracts

Samples: Merger Agreement (Desktop Metal, Inc.), Merger Agreement (Trine Acquisition Corp.)

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Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Common Stock Consideration or the applicable Per Share Preferred Stock Merger Consideration, as the case may be, deliverable in respect thereof as determined in accordance with this Article III.

Appears in 2 contracts

Samples: Merger Agreement (Mosaic Acquisition Corp.), Merger Agreement (APX Group Holdings, Inc.)

Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Common Stock Consideration or applicable portion of the applicable Per Share Preferred Stock Total Consideration, as the case may be, deliverable in respect thereof as determined in accordance with this Article III.

Appears in 1 contract

Samples: Merger Agreement (Osprey Technology Acquisition Corp.)

Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Common Stock Consideration or the applicable Per Share Preferred Stock Merger Closing Consideration, as the case may be, deliverable in respect thereof as determined in accordance with this Article III.

Appears in 1 contract

Samples: Merger Agreement (Property Solutions Acquisition Corp.)

Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Common Stock Consideration or the applicable Per Share Preferred Stock Merger Consideration, as the case may be, deliverable in respect thereof as determined in accordance with this Article III.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Graf Industrial Corp.)

Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person the Company Stockholder of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and then Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Common Stock Merger Consideration or the applicable Per Share Preferred Stock Consideration, as the case may be, deliverable in respect thereof as determined in accordance with this Article III.

Appears in 1 contract

Samples: Merger Agreement (Churchill Capital Corp II)

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Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Common Stock Consideration or the applicable Per Share Preferred Stock Cash Consideration, as the case may be, deliverable in respect thereof as determined in accordance with this Article III.

Appears in 1 contract

Samples: Merger Agreement (North Mountain Merger Corp.)

Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Common Stock Consideration or the applicable Per Share Preferred Stock Merger Consideration, as the case may be, deliverable in respect thereof as determined in accordance with this Article IIISection 3.01(b).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Graf Acquisition Corp. IV)

Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by AcquirorParent, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror Parent with respect to such Company Certificate, and Acquiror Parent shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Company Common Stock Consideration or the applicable Per Share Company Preferred Stock Consideration, as applicable, and the case may be, Earn Out Shares deliverable in respect thereof as determined in accordance with this Article III.

Appears in 1 contract

Samples: Merger Agreement (Gores Holdings VI, Inc.)

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