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: Agreement and Plan of Merger (Desktop Metal, Inc.), Agreement and Plan of Merger (Trine 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 Cash 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 (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 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: Agreement and Plan of Merger (Churchill Capital Corp II)
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: Agreement and Plan of Merger (Gores Holdings VI, 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 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: Agreement and Plan of Merger (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.)
