Lost, etc. Certificates Evidencing Shares; Exchange Upon receipt by the Company's transfer agent of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Shares owned by the Investor, and (in the case of loss, theft or destruction) of an indemnity satisfactory to it, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of such certificate, if mutilated, the Company's transfer agent will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of shares evidenced by such certificate which remain outstanding. Upon surrender of any certificate representing any Shares for exchange at the office of the Company's transfer agent, the Company at its expense will cause to be issued in exchange therefor new certificates in such denomination or denominations as may be requested for the same aggregate number of Shares or shares of Common Stock, as the case may be, represented by the certificate so surrendered and registered as such holder may request. The Company will also pay the cost of all deliveries of certificates for such shares to the office of the Investor (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 9.11.
Lost, etc. Certificates Evidencing Shares (or shares of Common Stock); Exchange. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Preferred B Shares (or shares of Common Stock, if applicable) or the Secured Notes, as applicable, owned by an Investor, and (in the case of loss, theft or destruction) of an unsecured indemnity satisfactory to it, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of such certificate, if mutilated, the Company will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of shares evidenced by such certificate which remain outstanding. The Investors’ agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 7.2. Upon surrender of any certificate representing any Preferred B Shares (or shares of Common Stock) for exchange at the office of the Company, the Company at its expense will cause to be issued in exchange therefor new certificates in such denomination or denominations as may be requested for the same aggregate number of Preferred B Shares or shares of Common Stock, as the case may be, represented by the certificate so surrendered and registered as such holder may request, or in the case of a Secured Note, a new Secured Note in the principal amount represented by the Secured Note, giving effect to any interest accrued on the principal of the originally issued Secured Note, so surrendered and registered as such holder may request. The Company will also pay the cost of all deliveries of certificates for such shares or note to the office of the Investor(s) (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 7.2.
Lost, etc. Notes Notwithstanding any provision to the contrary, if any Note of which the Purchaser or any other Holder (or nominee thereof) which is a transferee is the owner is mutilated, destroyed, lost or stolen, then the affidavit of the Purchaser or such Holder, if an individual, or of the Purchaser's or such Holder's treasurer or assistant treasurer (or other authorized officer), if a Person other than an individual, briefly setting forth the circumstances with respect to such mutilation, destruction, loss or theft, shall be accepted as satisfactory evidence thereof, and no indemnity, note or payment of charges or expenses shall be required as a condition to the execution and delivery by the Company or the transfer agent with respect to such Note, of new Notes for a like aggregate principal amount or number of shares, as applicable, in substitution therefor, other than such Purchaser's or such Holder's unsecured written agreement reasonably satisfactory to indemnify the Company or the transfer agent, as the case may be, which written agreement may be required by the Company.
Lost, etc. Notes.................................................3
Lost, etc. Certificates Evidencing Securities (or Common Shares); Exchange. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Securities or Common Shares owned by the Investor, and (in the case of loss, theft or destruction) of an unsecured indemnity satisfactory to it, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of such certificate, if mutilated, the Company will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of securities evidenced by such certificate which remain outstanding. The Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 4(l). Upon surrender of any certificate representing any securities of the Company for exchange at the office of the Company, the Company at its expense will cause to be issued in exchange therefor new certificates in such denomination or denominations as may be requested for the same aggregate number of securities represented by the certificate so surrendered and registered in the name of the Investor.
Lost, etc. Certificates Evidencing Shares; Exchange
Lost, etc. NOTE Notwithstanding any provision to the contrary, if a Note of which the Purchaser or any other institutional Holder (or nominee thereof) which is a transferee is the owner is mutilated, destroyed, lost or stolen, then the affidavit of the Purchaser's or such Holder's treasurer or assistant treasurer (or other authorized officer), briefly setting forth the circumstances with respect to such mutilation, destruction, loss or theft, shall be accepted as satisfactory evidence thereof, and no indemnity, security or payment of charges or expenses shall be required as a condition to the execution and delivery by the Company or the transfer agent with respect to such Note, of new securities for a like aggregate principal amount or number of shares, as applicable, in substitution therefor, other than such Purchaser's or such Holder's unsecured written agreement reasonably satisfactory to indemnify the Company or the transfer agent, as the case may be.
Lost, etc. Certificates Evidencing Common Shares;
Lost, etc. Notes Notwithstanding any provision in any Note Document to the contrary, if any Note is mutilated, destroyed, lost or stolen, then an affidavit of the treasurer or assistant treasurer (or other authorized officer) of the Holder thereof, briefly setting forth the circumstances with respect to such mutilation, destruction, loss or theft, will be accepted as satisfactory evidence thereof, and no indemnity, security or payment of charges or expenses will be required as a condition to the execution and delivery by Issuer or the transfer agent, as the case may be, with respect to such Note, of new Notes for a like amount, in substitution therefor, other than such Holder’s reasonably satisfactory unsecured written agreement to indemnify Issuer or the transfer agent, as the case may be.
Lost, etc. Certificates Evidencing Shares (or Shares of Common Stock); Exchange.. 32 5.13. Termination...................................................................... 33 5.14. Option Repricing................................................................. 33 5.15. Payment Defaults................................................................. 33 SECTION 6. LANDMARK CONDITIONS FOR FIRST TRANCHE CLOSING.................................... 34 ---------------------------------------------
