Common use of Lost, etc Clause in Contracts

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.

Appears in 1 contract

Samples: Stock Purchase Agreement (Speedus Com Inc)

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Lost, etc. Certificates Evidencing Shares; Exchange --------------------------------------------------- Upon receipt by the Company's transfer agent Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Shares owned by the 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's transfer agent Company will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of shares securities evidenced by such certificate which remain outstanding. Each Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 9.3. Upon surrender of any certificate representing any Shares 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 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 9.119.3.

Appears in 1 contract

Samples: Securities Purchase Agreement (Warburg Pincus Private Equity Viii L P)

Lost, etc. Certificates Evidencing SharesNew Common Stock; Exchange Exchange. Upon receipt by the Company's transfer agent Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any the Shares owned by the InvestorPurchaser, 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's transfer agent 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 Purchaser's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 4.9. 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 the 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 Purchaser (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 9.114.9.

Appears in 1 contract

Samples: Securities Purchase Agreement (Western Goldfields Inc)

Lost, etc. Certificates Evidencing SharesShares (or Shares of Common Stock); Exchange Exchange. Upon receipt by the Company's transfer agent Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Shares or shares of Common Stock owned by the any 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's transfer agent 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. An Investor's agreement of indemnity shall constitute an indemnity satisfactory to the Company for purposes of this Section 6. Upon surrender of any certificate representing any Shares or shares of Common Stock 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, Stock 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 any 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 9.116.

Appears in 1 contract

Samples: Subscription and Contribution Agreement (Warburg Pincus Equity Partners Lp)

Lost, etc. Certificates Evidencing SharesNew Common Stock; Exchange Exchange. Upon receipt by the Company's transfer agent Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any the Shares owned by the Investorany Purchaser, 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's transfer agent 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. Each Purchaser's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 4.9. 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 the 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 such Purchaser (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 9.114.9.

Appears in 1 contract

Samples: Securities Purchase Agreement (Western Goldfields Inc)

Lost, etc. Certificates Evidencing Shares; Exchange Upon receipt by the Company's transfer agent Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Shares or Exchange Shares owned by the 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's transfer agent Company will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of shares securities evidenced by such certificate which remain outstanding. Each Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 8.3. Upon surrender of any certificate representing any Shares or Exchange 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, Exchange Shares 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 Shares or Exchange 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 9.118.3.

Appears in 1 contract

Samples: Securities Purchase Agreement (Warburg Pincus Private Equity Viii L P)

Lost, etc. Certificates Evidencing SharesCertificates; Exchange Upon receipt by the Company's transfer agent Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Shares or Warrants (or Common Shares issuable upon exercise of the Warrants) owned by one of the InvestorInvestors, 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's transfer agent 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. Such Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 9.5. Upon surrender of any certificate representing any Shares (or Common Shares issuable upon exercise of the Warrants) 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 Shares, Warrants or shares of Common StockShares, 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 securities to the office of the such 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 9.119.5.

Appears in 1 contract

Samples: Securities Purchase Agreement (Exel LTD)

Lost, etc. Certificates Evidencing SharesNew Common Stock; Exchange Exchange. Upon receipt by the Company's transfer agent Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Shares New Common Stock owned by one of the InvestorPurchasers, 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's transfer agent 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. Such Purchaser's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 4.10. Upon surrender of any certificate representing any Shares New Common Stock 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 New Common Stock, as the case may be, Stock 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 such Purchaser (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 9.114.10.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cadence Resources Corp)

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Lost, etc. Certificates Evidencing Common Shares; Exchange Exchange. Upon receipt by the Company's transfer agent Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Common Shares owned by the any 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's transfer agent Company will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of shares Common Shares evidenced by such certificate which remain outstanding. An Investor's agreement of indemnity shall constitute an indemnity satisfactory to the Company for purposes of this Section 6. Upon surrender of any certificate representing any Common 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 Common 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 Common Shares to the office of the any 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 9.116.

Appears in 1 contract

Samples: Subscription and Contribution Agreement (Kc Holding Corp)

Lost, etc. Certificates Evidencing Shares (or Shares of Common Shares); Exchange Upon receipt by the Company's transfer agent GRT of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Shares (or shares of Common Shares) owned by the Investora holder, and (in the case of loss, theft or destruction) of an unsecured indemnity satisfactory to it, and upon reimbursement to the Company GRT of all reasonable expenses incidental thereto, and upon surrender and cancellation of such certificate, if mutilated, the Company's transfer agent GRT 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 holder's agreement of indemnity shall constitute indemnity satisfactory to GRT for purposes of this Section 8.7. Upon surrender of any certificate representing any Shares (or shares of Common Shares) for exchange at the office of the Company's transfer agentGRT, the Company GRT 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 StockShares, as the case may be, represented by the certificate so surrendered and registered as such holder may request. The Company GRT will also pay the cost of all deliveries of certificates for such shares to the office of the Investor such holder (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 9.118.7.

Appears in 1 contract

Samples: Securities Purchase Agreement (Glimcher Realty Trust)

Lost, etc. Certificates Evidencing SharesShares (or Shares of Common Stock); Exchange Upon receipt by the Company's transfer agent Company 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 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's transfer agent 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 Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 7.8. 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 9.117.8.

Appears in 1 contract

Samples: Securities Purchase Agreement (Micro Therapeutics Inc)

Lost, etc. Certificates Evidencing SharesShares (or Shares of Common -------------------------------------------------------------- Stock); Exchange Exchange. Upon receipt by the Company's transfer agent Company of evidence reasonably ---------------- satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Shares owned by the Investoryou, 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's transfer agent 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. Your agreement of indemnity shall constitute an indemnity satisfactory to the Company for purposes of this Section 6. 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 you (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 9.116.

Appears in 1 contract

Samples: Eagle Family Foods Inc

Lost, etc. Certificates Evidencing SharesShares (or Shares of Common Stock); Exchange ---------------------------------------------------------------------- Upon receipt by the Company's transfer agent Company 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 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's transfer agent 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 Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 7.8. 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 9.117.8.

Appears in 1 contract

Samples: Securities Purchase Agreement (Micro Investment LLC)

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