Common use of Lost Receipts, etc Clause in Contracts

Lost Receipts, etc. In case any receipt shall be mutilated, destroyed, lost or stolen, the Depositary in its reasonable 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, upon (i) the filing by the holder thereof with the Depositary of evidence reasonably satisfactory to the Depositary of such destruction or loss or theft of such Receipt, of the authenticity thereof and of his or her ownership thereof, (ii) the furnishing of the Depositary with indemnification reasonably satisfactory to it and the Company and (iii) the payment of any reasonable expense (including reasonable fees, charges and expenses of the Depositary) in connection with such execution and delivery.

Appears in 42 contracts

Samples: Deposit Agreement (Ps Business Parks Inc/Ca), Deposit Agreement (Ps Business Parks Inc/Ca), Deposit Agreement (Ps Business Parks Inc/Ca)

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Lost Receipts, etc. In case any receipt Receipt shall be mutilated, destroyed, lost or stolen, the Depositary in its reasonable 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, upon (i) the filing by the holder thereof with the Depositary of evidence reasonably satisfactory to the Depositary of such destruction or loss or theft of such Receipt, of the authenticity thereof and of his or her ownership thereof, (ii) the furnishing of the Depositary with reasonable indemnification reasonably and the provision of an open penalty surety bond satisfactory to the Depositary and holding it and the Company harmless, and (iii) the payment of any reasonable expense (including reasonable fees, charges and expenses of the Depositary) in connection with such execution and delivery.

Appears in 10 contracts

Samples: Deposit Agreement (Equity Lifestyle Properties Inc), Deposit Agreement (First Industrial Realty Trust Inc), Deposit Agreement (First Industrial Realty Trust Inc)

Lost Receipts, etc. In case any receipt receipts shall be mutilated, destroyed, lost or stolen, the Depositary in its reasonable 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 ReceiptReceipts, upon (i) the filing by the holder thereof with the Depositary of evidence reasonably satisfactory to the Depositary of such destruction or loss or theft of such Receipt, of the authenticity thereof and of his or her ownership thereof, (ii) the furnishing of the Depositary with indemnification reasonably satisfactory to it and the Company and (iii) the payment of any reasonable expense (including reasonable fees, charges and expenses of the Depositary) in connection with such execution and delivery.

Appears in 4 contracts

Samples: Deposit Agreement (Carramerica Realty Corp), Deposit Agreement (Carramerica Realty Corp), Deposit Agreement (Carramerica Realty Corp)

Lost Receipts, etc. In case any receipt Receipt shall be mutilated, destroyed, mutilated or destroyed or lost or stolen, the Depositary in its reasonable 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, upon however, that the holder thereof provides the Depositary with (i) the filing by the holder thereof with the Depositary of evidence reasonably satisfactory to the Depositary of such destruction or destruction, loss or theft of such Receipt, of the authenticity thereof and of his or her ownership thereof, (ii) the furnishing of reasonable indemnification satisfactory to the Depositary with indemnification reasonably satisfactory to it and the Company and (iii) the payment of any reasonable expense (including reasonable fees, charges and expenses of the Depositary) in connection with such indemnification, execution and delivery.

Appears in 3 contracts

Samples: Deposit Agreement (El Paso Natural Gas Co), Deposit Agreement (El Paso Energy Corp/De), Agreement and Plan of Merger (El Paso Natural Gas Co)

Lost Receipts, etc. In case any receipt Receipt shall be mutilated, destroyed, mutilated or destroyed or lost or stolen, the Depositary in its reasonable 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, upon the holder thereof provides the Depositary with (i) the filing by the holder thereof with the Depositary of evidence reasonably satisfactory to the Depositary of such destruction or destruction, loss or theft of such Receipt, of the authenticity thereof and of his or her ownership thereof, (ii) the furnishing of reasonable indemnification satisfactory to the Depositary with indemnification reasonably satisfactory to it and the Company and (iii) 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 (Ventas Inc), Deposit Agreement (Level 3 Communications Inc)

Lost Receipts, etc. In case If any receipt shall be mutilated, destroyed, lost or stolen, the Depositary in its reasonable 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, upon (i) the filing by the holder thereof with the Depositary of evidence reasonably satisfactory to the Depositary of such destruction or loss or theft of such Receipt, of the authenticity thereof and of his or her ownership thereof, (ii) the furnishing of the Depositary with reasonable indemnification reasonably satisfactory to it and the Company and (iii) the payment of any reasonable expense (including reasonable fees, charges and expenses of the Depositary) in connection with such execution and delivery.

Appears in 1 contract

Samples: Deposit Agreement (Ual Corp /De/)

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Lost Receipts, etc. In case any receipt Receipt shall be ------------------- mutilated, destroyed, lost or stolen, the Depositary in its reasonable 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, upon (i) the filing by the holder thereof with the Depositary of evidence reasonably satisfactory to the Depositary of such destruction or loss or theft of such Receipt, of the authenticity thereof and of his or her ownership thereof, (ii) the furnishing of the Depositary with reasonable indemnification reasonably satisfactory to it and the Company it, and (iiiii) the payment of any reasonable expense a fee of two percent (including reasonable fees, charges and expenses 2%) of the Depositary) value of the Depositary Shares represented by such receipt, however, in connection with no case shall such execution and deliveryfee be in excess of $250.

Appears in 1 contract

Samples: Deposit Agreement (Mattel Inc /De/)

Lost Receipts, etc. In case any receipt Receipt shall be mutilated, destroyed, mutilated or destroyed or lost or stolen, the Depositary in its reasonable 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, upon Receipt provided that the holder thereof provides the Depositary with (i) the filing by the holder thereof with the Depositary of evidence reasonably satisfactory to the Depositary of such destruction or destruction, loss or theft of such Receipt, of the authenticity thereof and of his or her ownership thereof, (ii) the furnishing of reasonable indemnification satisfactory to the Depositary with indemnification reasonably satisfactory to it and the Company and (iii) the payment of any reasonable expense (including reasonable fees, charges and expenses of the Depositary) in connection with such execution and delivery.

Appears in 1 contract

Samples: Deposit Agreement (Westmoreland Coal Co)

Lost Receipts, etc. In case any receipt Receipt shall be mutilatedmutilated and surrendered to the Depositary, destroyed, lost or stolen, the Depositary in its reasonable 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, upon (i) the filing by the holder Holder thereof with the Depositary of evidence reasonably satisfactory to the Depositary of such destruction or loss or theft of such Receipt, of the authenticity thereof and of his or her ownership thereof, (ii) the furnishing of the Depositary with indemnification reasonably an open penalty surety bond satisfactory to it and holding it and the Company and harmless, (iii) the payment of any reasonable expense (including reasonable fees, charges and expenses of the Depositary) in connection with such execution and delivery.

Appears in 1 contract

Samples: Master Deposit Agreement (Agree Realty Corp)

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