Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Preferred Shares, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder contemporaneously requests the Company to convert such Preferred Shares into Common Stock.
Appears in 9 contracts
Samples: Exchange Agreement (Eon Communications Corp), Agreement of Merger and Plan of Reorganization (Eon Communications Corp), Securities Purchase Agreement (Eon Communications Corp)
Lost or Stolen Certificates. Upon receipt by the Company Corporation of evidence reasonably satisfactory to the Company Corporation of the loss, theft, destruction or mutilation of any Series A Preferred Stock Certificates representing the Series A Preferred SharesStock, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder holder thereof to the Company Corporation in customary form and, in the case of mutilation, upon surrender and cancellation of the Series A Preferred Stock Certificate(s), the Company Corporation shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company Corporation shall not be obligated to re-issue preferred stock certificates if the Holder holder contemporaneously requests the Company Corporation to convert such Series A Preferred Shares Stock into Common Stock.
Appears in 6 contracts
Samples: Merger Agreement (Telik Inc), Merger Agreement (Telik Inc), Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Preferred Shares, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date); provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder contemporaneously requests the Company to convert such Preferred Shares into Common Stock.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (GeoEye, Inc.), Registration Rights Agreement (Digitalglobe Inc), Agreement and Plan of Merger (Digitalglobe Inc)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Preferred Shares, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder holder contemporaneously requests the Company to convert such the Preferred Shares represented thereby into Common Stock.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Guerrilla RF, Inc.), Securities Purchase Agreement (LENSAR, Inc.), Securities Purchase Agreement (Stereotaxis, Inc.)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Preferred Shares, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder contemporaneously requests the Company to convert such Preferred Shares into Common Stock.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Hojo Holdings Inc), Securities Purchase Agreement (E-Net Financial Com Corp), Securities Purchase Agreement (Stan Lee Media Inc)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Series B Preferred Stock Certificates representing the Series B Preferred Shares, and, in the case of loss, theft or destruction, of an indemnification undertaking by the such Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Series B Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the such Holder contemporaneously requests the Company to convert such Series B Preferred Shares into Common Stock.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Telik Inc), Telik Inc
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Preferred Shares, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; providedPROVIDED, howeverHOWEVER, the Company shall not be obligated to re-issue preferred stock certificates if the Holder contemporaneously requests the Company to convert such Preferred Shares into Common Stock.
Appears in 2 contracts
Samples: Subordination Agreement (Prentice Capital Management, LP), Subordination Agreement (Sac Capital Advisors LLC)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of Series C Preferred SharesStock, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, that the Company shall not be obligated to re-issue preferred stock certificates Preferred Stock Certificates if the Holder holder contemporaneously requests the Company to convert such shares of Series C Preferred Shares Stock into Common Stock.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ozop Surgical Corp.), Binding Letter Of (Ozop Surgical Corp.)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Preferred Shares, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like 36 tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder contemporaneously requests the Company to convert such Preferred Shares into Common Stock.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cano Petroleum, Inc), Securities Purchase Agreement (Cano Petroleum, Inc)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of Series A Preferred SharesStock, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates Preferred Stock Certificates if the Holder holder contemporaneously requests the Company to convert such shares of Series A Preferred Shares Stock into Common Stock.
Appears in 2 contracts
Samples: Settlement Agreement (Lithium Exploration Group, Inc.), Assignment Agreement (Goff, Corp)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Series G Preferred Shares, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder holder contemporaneously requests the Company to convert such Series G Preferred Shares into Common Stock.
Appears in 2 contracts
Samples: Exchange Agreement (Eurotech LTD), License and Exchange Agreement (Eurotech LTD)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Preferred Shares, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder holder contemporaneously requests the Company to convert such Preferred Shares into Common Stock.
Appears in 2 contracts
Samples: Second Redemption and Exchange Agreement (Microstrategy Inc), Second Redemption and Exchange Agreement (Microstrategy Inc)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of Series A Preferred SharesStock, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the mutilated Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates reissue Preferred Stock Certificates if the Holder holder contemporaneously requests the Company to convert such shares of Series A Preferred Shares Stock into Common Stock, in which case the Company shall issue the shares of Common Stock to the holder in accordance with the terms of this Certificate of Designation.
Appears in 1 contract
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Series E Preferred Shares, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(sPreferred Stock Certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates Preferred Stock Certificates if the Holder contemporaneously requests the Company to convert such Series E Preferred Shares into Common Stock.
Appears in 1 contract
Samples: Securities Purchase Agreement (Datatec Systems Inc)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Share Certificates representing the Preferred Shares, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Share Certificate(s), the Company shall execute and deliver new preferred stock certificate(sPreferred Share Certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates Preferred Share Certificates if the Holder contemporaneously requests the Company to convert such Preferred Shares into Common Stock.
Appears in 1 contract
Samples: Consent and Waiver Agreement (Interpharm Holdings Inc)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates stock certificates representing the Preferred Sharesshares of Series I Preferred, and, in the case of loss, theft or destruction, of an any indemnification undertaking undertaken by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the such Series I Preferred Stock Certificate(sstock certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder contemporaneously requests the Company to convert such Series I Preferred Shares into Common Stock.
Appears in 1 contract
Samples: Settlement Agreement
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Series H Preferred Shares, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder holder contemporaneously requests the Company to convert such Series H Preferred Shares into Common Stock.
Appears in 1 contract
Samples: Stock Exchange Agreement (Homecom Communications Inc)
Lost or Stolen Certificates. Upon receipt by the Company of evidence ---------------------------- reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of Series D Preferred SharesStock, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(sCertificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates Certificates if the Holder contemporaneously requests the Company to convert such shares of Series D Preferred Shares Stock into Common StockShares.
Appears in 1 contract
Samples: Securities Purchase Agreement (Charys Holding Co Inc)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of Series B Preferred SharesStock, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, that the Company shall not be obligated to re-issue preferred stock certificates Preferred Stock Certificates if the Holder holder contemporaneously requests the Company to convert such shares of Series B Preferred Shares Stock into Common Stock.
Appears in 1 contract
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates stock certificates representing the Preferred Sharesshares of Series D Preferred, and, in the case of loss, theft or destruction, of an any indemnification undertaking undertaken by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the such Series D Preferred Stock Certificate(sstock certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder contemporaneously requests the Company to convert such Series D Preferred Shares into Common Stock.
Appears in 1 contract
Samples: Release and Settlement Agreement
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of Series A Preferred SharesStock, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, that the Company shall not be obligated to re-issue preferred stock certificates Preferred Stock Certificates if the Holder holder contemporaneously requests the Company to convert such shares of Series A Preferred Shares Stock into Common Stock.
Appears in 1 contract
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of Series M Preferred SharesStock, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, that the Company shall not be obligated to re-issue preferred stock certificates Preferred Stock Certificates if the Holder holder contemporaneously requests the Company to convert such shares of Series M Preferred Shares Stock into Common Stock.
Appears in 1 contract
Lost or Stolen Certificates. Upon receipt by the Company Corporation of evidence reasonably satisfactory to the Company Corporation of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of Series D Preferred SharesStock, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder holder to the Company in customary form Corporation and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company Corporation shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, that the Company Corporation shall not be obligated to re-issue preferred stock certificates Preferred Stock Certificates if the Holder holder contemporaneously requests the Company Corporation to convert such shares of Series D Preferred Shares Stock into Common Stockcommon stock.
Appears in 1 contract
Samples: Series D Preferred Stock (Authentic Holdings, Inc.)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Share Certificates representing the Preferred Shares, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Share Certificate(s), the Company shall execute and deliver new preferred stock certificate(sPreferred Share Certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates Preferred Share Certificates if the Holder contemporaneously requests the Company to convert such Preferred Shares into shares of Common Stock.
Appears in 1 contract
Samples: Securities Purchase Agreement (Devcon International Corp)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Preferred Sharesshares of Series A Preferred, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder holder to the Company (in customary form and substance satisfactory to the Company) and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(sPreferred Stock Certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates Preferred Stock Certificates if the Holder holder contemporaneously requests the Company to convert such shares of Series A Preferred Shares into Common Stock.
Appears in 1 contract
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Series F Preferred Shares, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder holder contemporaneously requests the Company to convert such Series F Preferred Shares into Common Stock.
Appears in 1 contract
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any stock certificates representing Preferred Stock Certificates representing the Preferred SharesStock, and, in the case of loss, theft or destruction, of an any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of the Preferred such Series A Stock Certificate(scertificate(s), the Company shall execute and deliver new preferred stock certificate(s) of like tenor and date; provided, however, the Company shall not be obligated to re-issue preferred stock certificates if the Holder contemporaneously requests the Company to convert such Preferred Shares Stock into Common Stock.
Appears in 1 contract
Samples: Securities Purchase Agreement (Digital Courier Technologies Inc)
Lost or Stolen Certificates. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the Preferred Sharesshares of Series A-1 Preferred, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder holder to the Company (in customary form and substance satisfactory to the Company) and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s), the Company shall execute and deliver new preferred stock certificate(sPreferred Stock Certificate(s) of like tenor and date; . provided, however, the Company shall not be obligated to re-issue preferred stock certificates reissue Preferred Stock Certificates if the Holder holder contemporaneously requests the Company to convert such shares of Series A-1 Preferred Shares into Common StockStock and complies with its obligations to issue Conversion Shares set forth herein.
Appears in 1 contract
Samples: Exchange Agreement, Consent and Waiver (Imageware Systems Inc)