Lost or Stolen Certificates. Upon receipt by the Company of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing shares of the Preferred Stock, and, in the case of loss, theft or destruction, of any indemnification undertaking or bond, in the Company's discretion, by the holder 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(s) of like tenor and date.
Appears in 4 contracts
Samples: Preferred Stock Drawdown Agreement (BioNeutral Group, Inc), Whereas, Bioneutral (BioNeutral Group, Inc), Preferred Stock Purchase Agreement (BioNeutral Group, Inc)
Lost or Stolen Certificates. Upon receipt by the Company Corporation of (i) evidence satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing shares of the Preferred Stock, and, certificate(s) and (ii) (y) in the case of loss, theft or destruction, of indemnity (without any indemnification undertaking bond or bond, in the Company's discretion, by the holder other security) reasonably satisfactory to the Company andCorporation, or (z) in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(scertificate(s) (surrendered for cancellation), the Company Corporation shall execute and deliver new Preferred Stock Certificate(scertificate(s) of like tenor and date.
Appears in 3 contracts
Samples: Transfer and Contribution Agreement, Transfer and Contribution Agreement (Resource America, Inc.), Transfer and Contribution Agreement (Resource Capital Corp.)
Lost or Stolen Certificates. Upon receipt by the Company of (i) evidence satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing shares of the Preferred Stock, and, Certificate(s) and (ii) in the case of loss, theft or destruction, of any indemnification undertaking indemnity (with a bond or bond, in other security) reasonably satisfactory to the Company's discretion, by the holder to the Company and, or in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s) (surrendered for cancellation), the Company shall execute and deliver new Preferred Stock Certificate(s) of like tenor and dateCertificates.
Appears in 2 contracts
Samples: Forbearance and Consent Under Loan and Security Agreement (Activecare, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)
Lost or Stolen Certificates. Upon receipt by the Company of evidence satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of any Preferred Stock Certificates certificates representing shares of the Series A-1 Convertible Preferred Stock, and, in the case of loss, theft or destruction, of any indemnification undertaking or bond, in the Company's ’s discretion, by the holder to the Company Company, and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(scertificate(s), the Company shall execute and deliver new Series A-1 Convertible Preferred Stock Certificate(s) certificates of like tenor and date.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Titan Energy Worldwide, Inc.), Convertible Preferred Stock Purchase Agreement (Pioneer Power Solutions, Inc.)
Lost or Stolen Certificates. Upon receipt by the Company Corporation of evidence satisfactory to the Company Corporation of the loss, theft, destruction or mutilation of any Preferred Stock Certificates preferred stock certificates representing the shares of the Series A Preferred Stock, and, in the case of loss, theft or destruction, of any indemnification undertaking or bond, in the Company's discretion, by the holder to the Company and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(spreferred stock certificate(s), the Company Corporation shall execute and deliver new Preferred Stock Certificate(spreferred stock certificate(s) of like tenor and date.
Appears in 1 contract
Lost or Stolen Certificates. Upon receipt by the Company of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of the Series CC Preferred Stock, and, in the case of loss, theft or destruction, of any indemnification undertaking or bond, in the Company's discretion, by the holder 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.
Appears in 1 contract
Samples: Securities Issuance and Exchange Agreement (Pressure Biosciences Inc)
Lost or Stolen Certificates. Upon receipt by the Company of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of the Series B Preferred Stock, and, in the case of loss, theft or destruction, of any indemnification undertaking or bond, in the Company's discretion, by the holder Holder 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.
Appears in 1 contract
Samples: Subscription Agreement (China Commercial Credit Inc)
Lost or Stolen Certificates. Upon receipt by the Company Corporation of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing shares of the Series A Preferred Stock, and, and (in the case of loss, theft or destruction, ) of any indemnification undertaking or indemnity reasonably satisfactory to the Corporation (including the posting of a bond, in the Company's discretion, if requested by the holder to the Company andCorporation), in the case of mutilation, and upon surrender and cancellation of the Preferred Stock Certificate(s), if mutilated, the Company Corporation shall execute and deliver new Preferred Stock Certificate(s) of like tenor and date.
Appears in 1 contract
Lost or Stolen Certificates. Upon receipt by the Company of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates certificates representing the shares of the Series B Preferred Stock, and, in the case of loss, theft or destruction, of any indemnification undertaking or bond, in the Company's discretion, by the holder to the Company and, in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(ssuch certificate(s), the Company shall execute and deliver new Preferred Stock Certificate(spreferred stock certificate(s) of like tenor and date.
Appears in 1 contract
Lost or Stolen Certificates. Upon receipt by the Company of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of the Series A Preferred Stock, and, in the case of loss, theft or destruction, of any indemnification undertaking or bond, in the Company's discretion, by the holder 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.
Appears in 1 contract
Samples: Common Stock Exchange Agreement (VistaGen Therapeutics, Inc.)
Lost or Stolen Certificates. Upon receipt by the Company Corporation of evidence satisfactory to the Company Corporation of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of Series A Preferred Stock (including, in the Preferred Stockcase of mutilation, the surrender and cancellation of the mutilated certificate), and, in the case of loss, theft or destructiondestruction of such certificates, of any an indemnification undertaking or bond, in the Company's discretion, by the holder to the Company and, Corporation in the case of mutilation, upon surrender and cancellation of the Preferred Stock Certificate(s)customary form, the Company Corporation shall execute and deliver one or more new Preferred Stock Certificate(s) of like tenor and date.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Uron Inc)
Lost or Stolen Certificates. Upon receipt by the Company Corporation of evidence satisfactory to the Company Corporation of the loss, theft, destruction or mutilation of any Preferred Stock Certificates representing the shares of the Series A Preferred Stock, and, in the case of loss, theft or destruction, of any indemnification undertaking or bond, in the Company's discretion, by the holder to the Company 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(spreferred stock certificate(s) of like tenor and date.
Appears in 1 contract
Samples: Series a Preferred Purchase Agreement (World Racing Group, Inc.)