Common use of Lost Company Certificates Clause in Contracts

Lost Company Certificates. If any Company Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person or entity claiming such Company Certificate to be lost, stolen or destroyed and, if required by Parent, the posting by such person or entity of a bond in such reasonable amount as Parent may direct as indemnity against any claim that may be made against it with respect to the alleged loss, theft or destruction of such Company Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Company Certificate a certificate or certificates representing the shares of Parent Common Stock into which the shares of Company Common Stock represented by such Company Certificate were converted pursuant to Section 2.01, any cash in lieu of any fractional share, and any unpaid dividends or other distributions on the shares of Parent Common Stock deliverable in respect thereof pursuant to this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (I2 Technologies Inc), Agreement and Plan of Reorganization (I2 Technologies Inc)

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Lost Company Certificates. If any Company Certificate ------------------------- shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person or entity claiming such Company Certificate to be lost, stolen or destroyed and, if required by Parent, the posting by such person or entity of a bond in such reasonable amount as Parent may direct as indemnity against any claim that may be made against it with respect to the alleged loss, theft or destruction of such Company Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Company Certificate a certificate or certificates representing the shares of Parent Common Stock into which the shares of Company Common Stock represented by such Company Certificate were converted pursuant to Section 2.01, any cash in lieu ------------ of any fractional share, and any unpaid dividends or other distributions on the shares of Parent Common Stock deliverable in respect thereof pursuant to this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Aspect Development Inc), Merger Agreement (Wadhwani Romesh)

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