Common use of Lost Certificates Clause in Contracts

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen or destroyed Certificate the Merger Consideration.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent or the Surviving Corporation, as the case may be, shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen or destroyed Certificate the Merger ConsiderationConsideration to which the holder thereof is entitled pursuant to Section 2.01(a).

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger Consideration.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact in form and substance reasonably satisfactory to Parent by the person Person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving CorporationCompany, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation Company may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger Consideration.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, 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 CorporationEnergy or Abraxas, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation Energy or Abraxas may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Exchange Agent shall pay in respect of exchange for such lost, stolen or destroyed Certificate the Merger ConsiderationConsideration payable in respect of the Energy Common Units represented by such lost, stolen or destroyed Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable and customary amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent or the Surviving Corporation, as the case may be, shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, and the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen stolen, defaced or destroyed Certificate the Public Company Merger Consideration.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact in form and substance reasonably satisfactory to Parent by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable and customary amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen or ----------------- destroyed, 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 Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such the Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen or destroyed Certificate the applicable Merger ConsiderationPrice with respect thereto.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact in form and substance reasonably satisfactory to Parent or U.S. Parent by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact in form and substance reasonably satisfactory to the Paying Agent by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable and customary amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person recordholder claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Disbursing Agent shall pay will pay, in respect of exchange for such affidavit claiming such Certificate is lost, stolen or destroyed Certificate destroyed, the Merger ConsiderationConsideration to be paid in respect of the Shares represented by such Certificate, as contemplated by this Article.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may reasonably direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent or the Surviving Corporation, as the case may be, shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by receipt, at the option of such person person, of a an indemnity or bond in (provided that such reasonable amount as indemnity or bond is reasonably satisfactory to the Surviving Corporation may direct as indemnity Corporation) against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger Consideration.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Paying Agent or the Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as the Paying Agent or the Surviving Corporation may direct as indemnity against any claim Claim that may be made against it with respect to such Certificate, the Paying Agent or the Surviving Corporation, as the case may be, shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent or the Surviving Corporation, as the case may be, shall pay the applicable Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen ----------------- stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger Consideration.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact in form and substance reasonably satisfactory to Parent by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the giving of an indemnification agreement, or the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity indemnity, against any claim that may be made against it with respect to such Certificate, the Paying Agent or the Surviving Corporation, as the case may be, shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate with respect to Units that have been certificated shall have been mutilated, lost, stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be mutilated, lost, stolen or destroyed and, if required by the Surviving Corporation, the posting by such person Person of a bond bond, in such reasonable amount as the Surviving Corporation may direct direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay all amounts in respect of such mutilated, lost, stolen or destroyed Certificate the Merger ConsiderationCertificate, in accordance with this Agreement.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving CorporationCompany, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation Company may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying and Exchange Agent shall pay or deliver in respect of such lost, stolen stolen, defaced or destroyed Certificate the applicable REIT Merger Consideration.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.

Lost Certificates. If any Certificate shall have been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in respect of such lostlost stolen, stolen defaced or destroyed Certificate the Merger Consideration.

Lost Certificates. If any Certificate shall have has been lost, stolen stolen, defaced or destroyed, upon the making of an affidavit of that fact in form and substance reasonably satisfactory to Parent by the person Person claiming such Certificate to be lost, stolen stolen, defaced or destroyed and, if required by the Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay the Merger Consideration in respect of such lost, stolen stolen, defaced or destroyed Certificate the Merger ConsiderationCertificate.