Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 14 contracts
Samples: Merger Agreement (Griffin Capital Essential Asset REIT, Inc.), Merger Agreement (Signature Office Reit Inc), Merger Agreement (Griffin Capital Essential Asset REIT, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 14 contracts
Samples: Merger Agreement (Thestreet, Inc.), Merger Agreement (theMaven, Inc.), Merger Agreement (Nortek Inc)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 9 contracts
Samples: Merger Agreement (Fuel Systems Solutions, Inc.), Merger Agreement (RCS Capital Corp), Merger Agreement (Investors Capital Holdings LTD)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III3.
Appears in 6 contracts
Samples: Merger Agreement (Goodrich Petroleum Corp), Merger Agreement (Dawson Geophysical Co), Merger Agreement (PharMerica CORP)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.
Appears in 6 contracts
Samples: Agreement and Plan of Reorganization (Delanco Bancorp, Inc.), Agreement and Plan of Reorganization (BCB Bancorp Inc), Merger Agreement (WSFS Financial Corp)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation or Parent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation or Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article IIIII.
Appears in 6 contracts
Samples: Merger Agreement (Barings BDC, Inc.), Merger Agreement (Sierra Income Corp), Merger Agreement (Alcentra Capital Corp)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Company Shares formerly represented by such Certificate, as contemplated under this Article III3.
Appears in 5 contracts
Samples: Merger Agreement (Blue Coat Systems Inc), Merger Agreement (Oracle Corp), Merger Agreement (Packeteer Inc)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.
Appears in 3 contracts
Samples: Merger Agreement (Peoplesoft Inc), Merger Agreement (Oracle Corp /De/), Merger Agreement (Oracle Corp /De/)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the applicable Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 3 contracts
Samples: Merger Agreement (Teva Pharmaceutical Industries LTD), Merger Agreement (Teva Pharmaceutical Industries LTD), Merger Agreement (Bentley Pharmaceuticals Inc)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III3.
Appears in 3 contracts
Samples: Merger Agreement (Santander Holdings USA, Inc.), Merger Agreement (Santander Holdings USA, Inc.), Merger Agreement (Santander Consumer USA Holdings Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit in form and substance reasonably acceptable to Parent of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such customary and reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 3 contracts
Samples: Merger Agreement (Bally Technologies, Inc.), Merger Agreement (Scientific Games Corp), Merger Agreement (WMS Industries Inc /De/)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityAMH, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity AMH may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration, Fractional Share Consideration and any distributions to which the such holder thereof is entitled pursuant to this Article III.
Appears in 2 contracts
Samples: Merger Agreement (American Residential Properties, Inc.), Merger Agreement (American Homes 4 Rent)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article IIIArticle 3.
Appears in 2 contracts
Samples: Merger Agreement (Tyson Foods Inc), Merger Agreement (Tyson Foods Inc)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article IIIIV.
Appears in 2 contracts
Samples: Merger Agreement (Cole Credit Property Trust Inc), Merger Agreement (American Realty Capital Properties, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such customary and reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.
Appears in 2 contracts
Samples: Merger Agreement (GXS Worldwide, Inc.), Merger Agreement (Open Text Corp)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue shall pay in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 2 contracts
Samples: Merger Agreement (Discover Financial Services), Merger Agreement (Student Loan Corp)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as Parent or the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the applicable Merger Consideration Consideration, to which the holder thereof is entitled pursuant to this Article III3.
Appears in 2 contracts
Samples: Merger Agreement (Urstadt Biddle Properties Inc), Merger Agreement (Regency Centers Lp)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.3. Article 4
Appears in 2 contracts
Samples: Merger Agreement (Emergent Group Inc/Ny), Merger Agreement (Universal Hospital Services Inc)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit affidavit, in form and substance reasonably acceptable to Parent, of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement (Compuware Corp)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Rubicon Project or the Surviving EntityExchange Agent, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Rubicon Project may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 2 contracts
Samples: Merger Agreement (Telaria, Inc.), Merger Agreement (Rubicon Project, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration applicable merger consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 2 contracts
Samples: Merger Agreement (Eci Telecom LTD/), Merger Agreement (Eci Telecom LTD/)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares formerly represented by such Certificate as contemplated under this Article III.
Appears in 2 contracts
Samples: Merger Agreement (Real Goods Solar, Inc.), Merger Agreement (Real Goods Solar, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityREIT II, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity REIT II may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue pay in exchange for such lost, stolen or destroyed Certificate the REIT Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Moody National REIT II, Inc.), Merger Agreement (Moody National REIT I, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit (in form and substance reasonably acceptable to Parent) of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such customary and reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 2 contracts
Samples: Merger Agreement (SHFL Entertainment Inc.), Merger Agreement (Bally Technologies, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as Parent or the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares formerly represented by such Certificate as contemplated under this Article III.
Appears in 2 contracts
Samples: Merger Agreement (Bishop Infrastructure III Acquisition Company, Inc.), Merger Agreement (Westway Group, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such lost, stolen or destroyed Certificate, the Exchange Disbursing Agent will issue shall deliver in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.
Appears in 2 contracts
Samples: Merger Agreement (Supreme Industries Inc), Merger Agreement (Wabash National Corp /De)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed destroyed, and, if to the extent required by Parent or the Surviving EntityExchange Agent, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may directamount, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration and any dividends or other distributions to which the such holder thereof is entitled pursuant to this Article ARTICLE III.
Appears in 2 contracts
Samples: Merger Agreement (Park Hotels & Resorts Inc.), Merger Agreement (Chesapeake Lodging Trust)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityREIT II, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity REIT II may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue pay in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.
Appears in 2 contracts
Samples: Merger Agreement (MVP REIT II, Inc.), Merger Agreement (MVP REIT, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Clear Channel Communications Inc), Merger Agreement (Clear Channel Communications Inc)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Company Shares formerly represented by such Certificate, as contemplated by this Article III3.
Appears in 2 contracts
Samples: Merger Agreement (Kla Tencor Corp), Merger Agreement (Therma Wave Inc)
Lost Certificates. If any Certificate shall have has been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation or the Paying Agent, the entering into of an indemnity or the posting by such Person of a bond (in such reasonable and customary amount as the Surviving Entity Corporation may direct, ) as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue shall deliver in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 2 contracts
Samples: Merger Agreement (Marlborough Software Development Holdings Inc.), Merger Agreement (Cybex International Inc)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as Parent or the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.
Appears in 2 contracts
Samples: Merger Agreement (Retail Properties of America, Inc.), Merger Agreement (Kite Realty Group, L.P.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by and the Surviving Entity, the posting providing of an indemnity by such Person of a bond Person, in such reasonable form and customary amount as the Surviving Entity may directsubstance reasonably satisfactory to Parent, as indemnity against any claim that may be made against it or the Surviving Corporation with respect to such Certificate, the Exchange Agent Surviving Corporation will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration for the Common Stock or Preferred Stock represented by such Certificate to which the such holder thereof is would be entitled pursuant to this Article III.
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement (Verint Systems Inc)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.
Appears in 2 contracts
Samples: Merger Agreement (Inland Diversified Real Estate Trust, Inc.), Merger Agreement (Kite Realty Group Trust)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, direct as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled deliverable in respect thereof, pursuant to this Article III.Agreement. ARTICLE III SECTION
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, direct as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger portion of the Aggregate Consideration to which the holder thereof of such Certificate is entitled pursuant to this Article III3.
Appears in 1 contract
Samples: Merger Agreement (Haggar Corp)
Lost Certificates. If any Certificate shall have been lost, stolen stolen, or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen stolen, or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue issue, in exchange for such lost, stolen stolen, or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares of Company Common Stock formerly represented by such Certificate as contemplated under this Article III.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving EntityPaying Agent, the posting by such Person of a bond bond, in such reasonable and customary amount as Parent or the Surviving Entity Paying Agent may directdetermine is reasonably necessary, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 1 contract
Lost Certificates. If In the event that any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCompany or the Exchange Agent, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Company or the Exchange Agent may direct, require as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is entitled Per Share Amount payable pursuant to this Article III.
Appears in 1 contract
Samples: Merger Agreement (American Community Properties Trust)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the REIT Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the REIT Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the portion of the REIT Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making execution of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation or the Exchange Agent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration Parent Shares to which the holder thereof is entitled pursuant to this Article III.I.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityXxxxxx, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares formerly represented by such Certificate as contemplated under this Article III.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation or Parent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation or Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III3.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Per Share Merger Consideration and Redemption Consideration to which the holder thereof is entitled pursuant to this Article ARTICLE III.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue pay the Per Share Amount to be paid in exchange for respect of the shares of Company Common Stock formerly represented by such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to destroyed, Certificate, as contemplated under this Article III.2. ARTICLE 3
Appears in 1 contract
Samples: Merger Agreement (Bidz.com, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article ARTICLE III.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed destroyed, and, if to the extent required by Parent or the Surviving EntityExchange Agent, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may directamount, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration, Fractional Share Consideration and any dividends or distributions to which the such holder thereof is entitled pursuant to this Article III.
Appears in 1 contract
Samples: Merger Agreement (Prologis, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares of Company Common Stock formerly represented by such Certificate, as contemplated under this Article III.2. ARTICLE 3
Appears in 1 contract
Samples: Merger Agreement (Phase Forward Inc)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving EntityPaying Agent, the posting by such Person of a bond bond, in such reasonable and customary amount as Parent or the Surviving Entity Paying Agent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III3.
Appears in 1 contract
Samples: Merger Agreement (Zogenix, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.3. Table of Contents
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article Article III.
Appears in 1 contract
Samples: Merger Agreement (American Realty Capital Trust IV, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit in form and substance reasonably acceptable to the Paying Agent of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if reasonably required by Parent or the Surviving EntityCorporation, the posting by such Person of a bond bond, in such customary and reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to Consideration, as provided in this Article III, in respect thereof.
Appears in 1 contract
Samples: Merger Agreement (SciPlay Corp)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article ARTICLE III.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration and Recapitalization Cash Portion to which the holder thereof is entitled pursuant to this Article III.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.3. ARTICLE 4
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III3.
Appears in 1 contract
Samples: Merger Agreement (AVX Corp)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCompany, the posting by such Person of a bond bond, in such customary and reasonable and customary amount as the Surviving Entity Company may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article ARTICLE III.
Appears in 1 contract
Samples: Merger Agreement (WPX Energy, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such lost, stolen or destroyed Certificate, the Exchange Disbursing Agent will issue shall deliver in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration applicable merger consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares formerly represented by such Certificate as contemplated under this Article III.
Appears in 1 contract
Samples: Merger Agreement (Lca Vision Inc)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such customary and reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 1 contract
Samples: Merger Agreement (Power One Inc)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCompany, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Company may direct, as indemnity against any claim that may be made against it the Surviving Company with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the applicable Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit affidavit, in form and substance reasonably acceptable to Parent, of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 1 contract
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.
Appears in 1 contract
Samples: Merger Agreement (American Realty Capital Global Trust II, Inc.)
Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares formerly represented by such Certificate as contemplated under this Article III.
Appears in 1 contract
Samples: Merger Agreement (AVX Corp)
