Common use of Lost, etc Clause in Contracts

Lost, etc. Certificates Evidencing 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 Common Shares owned by 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 will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of 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, 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 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 Common Shares to 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 6.

Appears in 1 contract

Samples: Subscription and Contribution Agreement (Kc Holding Corp)

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Lost, etc. Certificates Evidencing Shares (or Shares of Common SharesStock); Exchange. Exchange ---------------------------------------------------------------------- Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Common Shares owned by any 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 Common Shares shares evidenced by such certificate which remain outstanding. An The Investor's agreement of indemnity shall constitute an indemnity satisfactory to the Company for purposes of this Section 67.8. Upon surrender of any certificate representing any Common Shares 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 Shares or shares of Common Shares 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 Common Shares shares to any 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 67.8.

Appears in 1 contract

Samples: Securities Purchase Agreement (Micro Investment LLC)

Lost, etc. Certificates Evidencing Shares (or Shares of Common Shares-------------------------------------------------------------- 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 Common Shares owned by any 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 will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of Common Shares shares evidenced by such certificate which remain outstanding. An Investor's 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 Common Shares 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 Common 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 Common Shares shares to any 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 6.

Appears in 1 contract

Samples: Subscription Agreement (Eagle Family Foods Inc)

Lost, etc. Certificates Evidencing Common Shares; Exchange. Exchange --------------------------------------------------- Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Common Shares owned by any 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 Common Shares securities evidenced by such certificate which remain outstanding. An Each Investor's agreement of indemnity shall constitute an indemnity satisfactory to the Company for purposes of this Section 69.3. Upon surrender of any certificate representing any Common Shares Shares, 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 Common 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 Common Shares to any 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 69.3.

Appears in 1 contract

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

Lost, etc. Certificates Evidencing Shares (or Shares of Common Shares); Exchange. Exchange Upon receipt by the Company 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 Shares) owned by any 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 GRT will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of Common Shares shares evidenced by such certificate which remain outstanding. An InvestorThe holder's agreement of indemnity shall constitute an indemnity satisfactory to the Company GRT for purposes of this Section 68.7. Upon surrender of any certificate representing any Shares (or shares of Common Shares Shares) for exchange at the office of the CompanyGRT, 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 Shares Shares, 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 Common Shares shares to any Investor the office of 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 68.7.

Appears in 1 contract

Samples: Securities Purchase Agreement (Glimcher Realty Trust)

Lost, etc. Certificates Evidencing New Common SharesStock; Exchange. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Common the Shares owned by any 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 will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of Common Shares shares evidenced by such certificate which remain outstanding. An InvestorEach Purchaser's agreement of indemnity shall constitute an indemnity satisfactory to the Company for purposes of this Section 64.9. Upon surrender of any certificate representing any Common Shares 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 Common the 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 Common Shares shares to any Investor the office of 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 64.9.

Appears in 1 contract

Samples: Securities Purchase Agreement (Western Goldfields Inc)

Lost, etc. Certificates Evidencing Common Shares; Exchange. Exchange Upon receipt by the Company Company's transfer agent of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Common Shares owned by any 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 Company's transfer agent will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of Common Shares 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 Shares or shares of Common Shares 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 Common Shares shares to any 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 69.11.

Appears in 1 contract

Samples: Stock Purchase Agreement (Speedus Com Inc)

Lost, etc. Certificates Evidencing Common Shares; Exchange. Exchange Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Shares (or shares of Common Shares Stock) owned by any Investorone of the Investors, 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 Common Shares shares evidenced by such certificate which remain outstanding. An Such Investor's agreement of indemnity shall constitute an indemnity satisfactory to the Company for purposes of this Section 68.8. Upon surrender of any certificate representing any Shares (or shares of Common Shares 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 Shares or shares of Common Shares 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 Common Shares to any Investor (including the cost of insurance against loss or theft in an amount satisfactory shares to the holders) office of such Investor upon any exchange provided for in this Section 68.8.

Appears in 1 contract

Samples: Securities Purchase Agreement (Yellow Brix Inc)

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Lost, etc. Certificates Evidencing Shares (or Shares of Common SharesStock); Exchange. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Shares or shares of Common Shares Stock owned by 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 will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of Common Shares 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 Shares 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 Shares or shares of Common Shares 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 Common Shares shares to 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 6.

Appears in 1 contract

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

Lost, etc. Certificates Evidencing New Common SharesStock; Exchange. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Common the Shares owned by any Investorthe 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 will make and deliver in lieu of such certificate a new certificate of like tenor and for the number of Common Shares shares evidenced by such certificate which remain outstanding. An InvestorThe Purchaser's agreement of indemnity shall constitute an indemnity satisfactory to the Company for purposes of this Section 64.9. Upon surrender of any certificate representing any Common Shares 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 Common the 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 Common Shares shares to any Investor the office of the 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 64.9.

Appears in 1 contract

Samples: Securities Purchase Agreement (Western Goldfields Inc)

Lost, etc. Certificates Evidencing Common Shares; Exchange. Exchange Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Common Shares or Exchange Shares owned by any 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 Common Shares securities evidenced by such certificate which remain outstanding. An Each Investor's agreement of indemnity shall constitute an indemnity satisfactory to the Company for purposes of this Section 68.3. Upon surrender of any certificate representing any Common Shares or Exchange Shares, 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 Common Shares or 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 Common Shares or Exchange Shares to any 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 68.3.

Appears in 1 contract

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

Lost, etc. Certificates Evidencing New Common SharesStock; Exchange. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any New Common Shares Stock owned by any Investorone of the Purchasers, 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 Common Shares shares evidenced by such certificate which remain outstanding. An InvestorSuch Purchaser's agreement of indemnity shall constitute an indemnity satisfactory to the Company for purposes of this Section 64.10. Upon surrender of any certificate representing any New Common Shares 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 New Common Shares 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 Common Shares shares to any Investor the office of 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 64.10.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cadence Resources Corp)

Lost, etc. Certificates Evidencing Shares (or Shares of Common SharesStock); Exchange. Exchange Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of any certificate evidencing any Common Shares owned by any 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 Common Shares shares evidenced by such certificate which remain outstanding. An The Investor's agreement of indemnity shall constitute an indemnity satisfactory to the Company for purposes of this Section 67.8. Upon surrender of any certificate representing any Common Shares 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 Shares or shares of Common Shares 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 Common Shares shares to any 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 67.8.

Appears in 1 contract

Samples: Securities Purchase Agreement (Micro Therapeutics Inc)

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