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 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. Certificates Evidencing Shares (or shares Shares of Common -------------------------------------------------------------- Stock); 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 Preferred B Shares (or shares of Series B Preferred Stock or Common Stock, if applicable) or the Secured Notes, as applicable, Stock owned by an Investora Landmark Party, 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. The Investors’ LCI's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 7.25.12. Upon surrender of any certificate representing any Preferred B Shares (or shares of Series B Preferred Stock or Common Stock) 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 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, 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) 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 7.25.12.

Lost, etc. Certificates Evidencing Shares CERTIFICATES EVIDENCING SHARES (or shares of Common StockOR SHARES OF COMMON STOCK); ExchangeEXCHANGE. 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 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 shares evidenced by such certificate which remain outstanding. The Investors’ Such Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 7.23(h). 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) 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 7.23(h).

Lost, etc. Certificates Evidencing Shares (or shares Shares of Common Stock); 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 Preferred B Shares (or shares of Series B Preferred Stock or Common Stock, if applicable) or the Secured Notes, as applicable, Stock owned by an Investora Landmark Party, 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. The Investors’ LCI's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 7.25.12. Upon surrender of any certificate representing any Preferred B Shares (or shares of Series B Preferred Stock or Common Stock) 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 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, 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) 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 7.25.12.

Lost, etc. Certificates Evidencing Shares (or shares of Common Stock); 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 Preferred B Shares or Warrants (or shares Ordinary Shares issuable upon exercise of Common Stock, if applicableWarrants) or the Secured Notes, as applicable, owned by an 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 shares Ordinary Shares evidenced by such certificate which remain outstanding. The Investors’ Such Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 7.29.3. Upon surrender of any certificate representing any Preferred B Shares (or shares Ordinary Shares issuable upon exercise of Common Stockthe 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 Preferred B Shares Shares, Warrants or shares of Common StockOrdinary shares, 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 securities to the office of the Investor(s) 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 7.29.3.

Lost, etc. Certificates Evidencing Shares (or shares of Common StockOrdinary 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 Preferred B Shares or Warrants (or shares Ordinary Shares issuable upon exercise of Common Stock, if applicableWarrants) or the Secured Notes, as applicable, owned by an 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 shares Ordinary Shares evidenced by such certificate which remain outstanding. The Investors’ Such Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 7.29.3. Upon surrender of any certificate representing any Preferred B Shares (or shares Ordinary Shares issuable upon exercise of Common Stockthe 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 Preferred B Shares Shares, Warrants or shares of Common StockOrdinary Shares, 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 securities to the office of the Investor(s) 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 7.29.3.

Lost, etc. Certificates Evidencing Shares (or shares of Common Stock)CERTIFICATES EVIDENCING SHARES OF COMMON STOCK OR PREFERRED STOCK; ExchangeEXCHANGE. 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) Stock or the Secured Notes, as applicable, Preferred Stock owned by an 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 shares evidenced by such certificate which remain outstanding. The Investors’ Such Investor's agreement of indemnity shall constitute constitute(~, indemnity satisfactory to the Company for purposes of this Section 7.26(h). Upon surrender of any certificate representing any Preferred B Shares (or shares of Common Stock) Stock or Preferred 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 or Preferred 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 at 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) 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 7.26(h).

Lost, etc. Certificates Evidencing Shares CERTIFICATES EVIDENCING SHARES OR DIVIDEND SHARES (or shares of Common StockOR SHARES OF COMMON STOCK); 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 Preferred B Shares (or shares of Common Stock, if applicable) any shares of Series A Preferred Stock or any of the Secured Notes, as applicable, Warrants owned by an 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 shares evidenced by such certificate which remain outstanding. The Investors’ Such Purchaser's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 7.26.13. Upon surrender of any certificate representing any Preferred B Shares (or shares of Common Stock) , any shares of Series A Preferred Stock or any 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 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 requestregistered, 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) 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 7.26.13.

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 Notes or Warrants (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 Notes or Warrants (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 Notes, Warrants 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) 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 7.2.

Lost, etc. Certificates Evidencing Shares (or shares Shares of Common Stock); 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 Preferred B Shares or Warrants (or shares Common Shares issuable upon exercise of Common Stock, if applicablethe Warrants) or the Secured Notes, as applicable, owned by an 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 shares evidenced by such certificate which remain outstanding. The Investors’ Such Investor's agreement of indemnity shall constitute indemnity satisfactory to the Company for purposes of this Section 7.29.4. Upon surrender of any certificate representing any Preferred B Shares (or shares Common Shares issuable upon exercise of Common Stockthe 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 Preferred B 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, 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 securities to the office of the Investor(s) 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 7.29.4.