Common use of Lost Receipts, etc Clause in Contracts

Lost Receipts, etc. In case any Receipt shall be mutilated or destroyed or lost or stolen, the Depositary in its discretion may execute and deliver a Receipt of like form and tenor in exchange and substitution for such mutilated Receipt or in lieu of and in substitution for such destroyed, lost or stolen Receipt, provided that the holder thereof provides the Depositary with (i) evidence reasonably satisfactory to the Depositary of such destruction, loss or theft of such Receipt, of the authenticity thereof and of his ownership thereof and (ii) reasonable indemnification and the provision of an open penalty surety bond, in each case, satisfactory to the Depositary and the Company and holding the Depositary and the Company harmless.

Appears in 57 contracts

Samples: Deposit Agreement (Enterprise Bancorp Inc /Ma/), Deposit Agreement (First Bancorp /Nc/), Deposit Agreement (Southern First Bancshares Inc)

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Lost Receipts, etc. In case any Receipt shall be mutilated or destroyed or lost or stolen, the Depositary in its discretion may execute and deliver a Receipt of like form and tenor in exchange and substitution for such mutilated Receipt or in lieu of and in substitution for such destroyed, lost or stolen Receipt, provided that the holder thereof provides the Depositary with (i) evidence reasonably satisfactory to the Depositary of such destruction, loss or theft of such Receipt, of the authenticity thereof and of his ownership thereof and (ii) reasonable indemnification and the provision of an open penalty surety bond, in each case, case satisfactory to the Depositary and the Company and holding the Depositary and the Company harmless.

Appears in 4 contracts

Samples: Deposit Agreement (Colonial Properties Trust), Deposit Agreement (Colonial Properties Trust), Deposit Agreement (Mills Corp)

Lost Receipts, etc. In case any Receipt shall be mutilated or destroyed or mutilated, destroyed, lost or stolen, the Depositary in its discretion may execute and deliver a Receipt of like form and tenor in exchange and substitution for such mutilated Receipt Receipt, or in lieu of and in substitution for such destroyed, lost or stolen Receipt, provided that the holder thereof provides the Depositary with (ia) evidence reasonably satisfactory to the Depositary of such destruction, loss or theft of such Receipt, of the authenticity thereof and of his such holder’s ownership thereof and thereof; (iib) reasonable indemnification and the provision of an open penalty surety bond, in each case, bond satisfactory to the Depositary and the Company and holding the Depositary and the Company harmless; and (c) the payment of any reasonable expense (including reasonable fees, charges and expenses of the Depositary) in connection with such execution and delivery.

Appears in 2 contracts

Samples: Deposit Agreement (Sb Financial Group, Inc.), Deposit Agreement (First Citizens Banc Corp /Oh)

Lost Receipts, etc. In case any Receipt shall be mutilated or destroyed or lost or stolen, the Depositary Transfer Agent in its discretion may execute and deliver a Receipt of like form and tenor in exchange and substitution for such mutilated Receipt or in lieu of and in substitution for such destroyed, lost or stolen Receipt, provided that the holder thereof provides the Depositary Transfer Agent with (i) evidence reasonably satisfactory to the Depositary Transfer Agent of such destruction, loss or theft of such Receipt, of the authenticity thereof and of his ownership thereof and (ii) reasonable indemnification and the provision of an open penalty surety bond, in each case, satisfactory to the Depositary Transfer Agent and the Company and holding the Depositary Transfer Agent and the Company harmless.

Appears in 2 contracts

Samples: Deposit Agreement (National City Corp), Deposit Agreement (PNC Financial Services Group Inc)

Lost Receipts, etc. In case any Receipt shall be mutilated or destroyed or lost or stolen, the Depositary in its discretion may execute and deliver a Receipt of like form and tenor in exchange and substitution for such mutilated Receipt or in lieu of and in substitution for such destroyed, lost or stolen Receipt, provided that the holder thereof provides the Depositary with with (i) evidence reasonably satisfactory to the Depositary of such destruction, loss or theft of such Receipt, of the authenticity thereof and of his ownership thereof and (ii) reasonable indemnification and the provision of an open penalty surety bond, in each case, satisfactory to the Depositary and the Company and holding the Depositary and the Company harmless.

Appears in 1 contract

Samples: Deposit Agreement (Brandywine Operating Partnership Lp /Pa)

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Lost Receipts, etc. In case any Receipt shall be mutilated or destroyed or lost or stolen, the Depositary Depository in its discretion may execute and deliver a Receipt of like form and tenor in exchange and substitution for such mutilated Receipt or in lieu of and in substitution for such destroyed, lost or stolen Receipt, provided that the holder thereof provides the Depositary Depository with (i) evidence reasonably satisfactory to the Depositary Depository of such destruction, loss or theft of such Receipt, of the authenticity thereof and of his ownership thereof and thereof; (ii) reasonable indemnification and the provision of an open penalty surety bond; and (iii) the payment of any reasonable expense (including reasonable fees, charges and expenses of the Depository in connection with such execution and delivery) in each case, satisfactory to the Depositary Depository and the Company and holding the Depositary Depository and the Company harmless.

Appears in 1 contract

Samples: Deposit Agreement (Midwest Banc Holdings Inc)

Lost Receipts, etc. In case any Receipt shall be mutilated or destroyed or lost or stolen, the Depositary in its discretion may execute and deliver a Receipt of like form and tenor in exchange and substitution for such mutilated Receipt or in lieu of and in substitution for such destroyed, lost or stolen Receipt, provided that the holder thereof provides the Depositary with (i) evidence reasonably satisfactory to the Depositary of such destruction, loss or theft of such Receipt, of the authenticity thereof and of his ownership thereof and (ii) reasonable indemnification and the provision of an open penalty surety bond, in each case, bond satisfactory to the Depositary and the Company and holding the Depositary it and the Company harmless.

Appears in 1 contract

Samples: Deposit Agreement (Equity Residential)

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