Common use of Lost, etc Clause in Contracts

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 shares of Series B Preferred Stock or Common Stock owned by a Landmark Party, and (in the case of loss, theft or destruction) of an indemnity or bond 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. LCI's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 5.12. Upon surrender of any certificate representing any shares of Series B Preferred Stock or 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 shares of Series B Preferred Stock or 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 LCI (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 5.12.

Lost, etc. Certificates Evidencing Shares (or Shares Preferred Certificates: ----------------------------------------------------------- Exchange of Common -------------------------------------------------------------- Stock); Exchange ---------------- Certificates. Upon receipt by of evidence satisfactory to the Company of evidence reasonably satisfactory to it ------------------------ of the loss, theft, destruction or mutilation of any certificate evidencing any shares of Series B Preferred Stock or Common Stock owned held by a Landmark Partythe Purchaser, and (in the case of loss, theft or destruction) , upon receipt of an indemnity or bond reasonably satisfactory to itthe Company, and upon reimbursement to or, in the Company case of all reasonable expenses incidental theretosuch mutilation, and upon surrender and cancellation of such certificate, if mutilatedCertificate, the Company will make and deliver in lieu of such certificate a one or more new certificates of the same series and in such denomination or denominations as the Purchaser may request for the same aggregate number of shares of Preferred evidenced by the certificate of like tenor and for so lost, stolen, destroyed or mutilated, less the number of shares of Preferred, if any, originally evidenced by such certificate which remain outstanding. LCI's agreement of indemnity shall constitute indemnity satisfactory to that have theretofore been redeemed, and registered in such name or names as the Company for purposes of this Section 5.12Purchaser may request. Upon surrender by the Purchaser of any certificate representing evidencing any shares of Series B Preferred Stock or Common Stock for exchange at the office of the Company, the Company at its expense (exclusive of applicable transfer taxes if any) will cause to be issued issue in exchange therefor one or more new certificates of the same series and in such denomination or denominations as such Purchaser may be requested request for the same aggregate number of shares of Series B Preferred Stock or Common Stock, as the case may be, represented originally evidenced by the Certificate so surrendered, less the number of shares of Preferred, if any, evidenced by such surrendered certificate so surrendered that have theretofore been redeemed, and registered in such name or names as such holder Purchaser may request. The Company will also pay the cost of all deliveries of certificates for such shares to the office of LCI (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 5.12.

Lost, etc. Certificates Evidencing Shares (or Shares of Common -------------------------------------------------------------- Stock); Exchange ---------------- Ordinary 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 shares Shares or Warrants (or Ordinary Shares issuable upon exercise of Series B Preferred Stock or Common Stock Warrants) owned by a Landmark Partyone of the Investors, and (in the case of loss, theft or destruction) of an unsecured indemnity or bond 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 Ordinary Shares evidenced by such certificate which remain outstanding. LCISuch Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 5.129.3. Upon surrender of any certificate representing any shares Shares (or Ordinary Shares issuable upon exercise of Series B Preferred Stock or Common Stock the Warrants) 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 of Series B Preferred Stock Shares, Warrants or Common StockOrdinary shares, 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 LCI 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 5.129.3.

Lost, etc. Certificates Evidencing Shares (or Shares of Common -------------------------------------------------------------- Stock)Certificates; 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 of Series B Preferred Stock Shares or Warrants (or Common Stock Shares issuable upon exercise of the Warrants) owned by a Landmark Partyone of the Investors, and (in the case of loss, theft or destruction) of an unsecured indemnity or bond 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. LCISuch Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 5.129.5. Upon surrender of any certificate representing any shares of Series B Preferred Stock Shares (or Common Stock Shares issuable upon exercise of the Warrants) 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 of Series B Preferred Stock Shares, Warrants or 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 LCI 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 5.129.5.

Lost, etc. Certificates Evidencing Shares (or Shares of Common -------------------------------------------------------------- StockOrdinary 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 Shares or Warrants (or Ordinary Shares issuable upon exercise of Series B Preferred Stock or Common Stock Warrants) owned by a Landmark Partyone of the Investors, and (in the case of loss, theft or destruction) of an unsecured indemnity or bond 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 Ordinary Shares evidenced by such certificate which remain outstanding. LCISuch Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 5.129.3. Upon surrender of any certificate representing any shares Shares (or Ordinary Shares issuable upon exercise of Series B Preferred Stock or Common Stock the Warrants) 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 of Series B Preferred Stock Shares, Warrants or Common StockOrdinary Shares, 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 LCI 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 5.129.3.

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 shares of Series B Preferred Stock or Common Stock owned by a Landmark Party, and (in the case of loss, theft or destruction) of an indemnity or bond 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. LCI's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 5.12. Upon surrender of any certificate representing any shares of Series B Preferred Stock or 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 shares of Series B Preferred Stock or 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 LCI (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 5.12.

Lost, etc. Certificates Evidencing Shares (or Shares Preferred Certificates; ----------------------------------------------------------- Exchange of Common -------------------------------------------------------------- Stock); Exchange ---------------- Certificates. Upon receipt by of evidence satisfactory to the Company of evidence reasonably satisfactory to it ------------------------ of the loss, theft, destruction or mutilation of any certificate evidencing any shares of Series B Preferred Stock held by the Purchaser or Common Stock owned by a Landmark Partythe Partnership, and (in the case of loss, theft or destruction) , upon receipt of an indemnity or bond reasonably satisfactory to itthe Company, and upon reimbursement to or, in the Company case of all reasonable expenses incidental theretosuch mutilation, and upon surrender and cancellation of such certificate, if mutilated, the Company will make and deliver in lieu of such certificate a one or more new certificates of the same series and in such denomination or denominations as the Purchaser or the Partnership, as the case may be, may request for the same aggregate number of shares of Preferred evidenced by the certificate of like tenor and for so lost, stolen, destroyed or mutilated, less the number of shares of Preferred, if any, originally evidenced by such certificate which remain outstandingthat have theretofore been redeemed, and registered in such name or names as the Purchaser or the Partnership may request. LCI's agreement Replacement of indemnity lost, stolen or mutilated Warrant Certificates shall constitute indemnity satisfactory to be governed by the Company for purposes of this Section 5.12Warrant Agreement. Upon surrender by the Purchaser, or the Partnership or their respective nominee of any certificate representing evidencing any shares of Series B Preferred Stock or Common Stock for exchange at the office of the Company, the Company at its expense (exclusive of applicable transfer taxes if any) will cause to be issued issue in exchange therefor one or more new certificates of the same series and in such denomination or denominations as such Purchaser may be requested request for the same aggregate number of shares of Series B Preferred Stock or Common Stock, as the case may be, represented originally evidenced by the certificate so surrendered, less the number of shares of Preferred, if any, evidenced by such surrendered certificate that have theretofore been redeemed, and registered in such name or names as such holder Purchaser or the Partnership may request. The Company will also pay the cost of all deliveries of certificates for such shares to the office of LCI (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 5.12.

Lost, etc. Certificates Evidencing Shares (or Shares Preferred Certificates; ----------------------------------------------------------- Exchange of Common -------------------------------------------------------------- Stock); Exchange ---------------- Certificates. Upon receipt by of evidence satisfactory to the Company of evidence reasonably satisfactory to it ------------------------ of the loss, theft, destruction or mutilation of any certificate evidencing any shares of Series B Preferred Stock held by the Purchaser or Common Stock owned by a Landmark Partythe Partnership, and (in the case of loss, theft or destruction) , upon receipt of an indemnity or bond reasonably satisfactory to itthe Company, and upon reimbursement to or, in the Company case of all reasonable expenses incidental theretosuch mutilation, and upon surrender and cancellation of such certificate, if mutilated, the Company will make and deliver in lieu of such certificate a one or more new certificates of the same series and in such denomination or denominations as the Purchaser or the Partnership, as the case may be, may request for the same aggregate number of shares of Preferred evidenced by the certificate of like tenor and for so lost, stolen, destroyed or mutilated, less the number of shares of Preferred, if any, originally evidenced by such certificate which remain outstanding. LCI's agreement of indemnity shall constitute indemnity satisfactory to that have theretofore been redeemed, and registered in such name or names as the Company for purposes of this Section 5.12Purchaser or the Partnership may request. Upon surrender by the Purchaser, or the Partnership or their respective nominee of any certificate representing evidencing any shares of Series B Preferred Stock or Common Stock for exchange at the office of the Company, the Company at its expense (exclusive of applicable transfer taxes if any) will cause to be issued issue in exchange therefor one or more new certificates of the same series and in such denomination or denominations as such Purchaser may be requested request for the same aggregate number of shares of Series B Preferred Stock or Common Stock, as the case may be, represented originally evidenced by the certificate so surrendered, less the number of shares of Preferred, if any, evidenced by such surrendered certificate that have theretofore been redeemed, and registered in such name or names as such holder Purchaser or the Partnership may request. The Company will also pay the cost of all deliveries of certificates for such shares to the office of LCI (including the cost of insurance against loss or theft in an amount satisfactory to the holders) upon any exchange provided for in this Section 5.12.