Common use of Lost, Stolen, Destroyed or Mutilated Warrant Certificates Clause in Contracts

Lost, Stolen, Destroyed or Mutilated Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity other than in connection with any mutilated Warrant Certificates surrendered to the Warrant Agent for cancellation reasonably satisfactory to them, the Company shall execute, and upon request of the Company and delivery to the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, Warrant Agent shall authenticate and deliver, in exchange for or in lieu of each lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate evidencing a like number of Warrants of the same tenor. Upon the issuance of a new Warrant Certificate under this Section, the Company may require the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection therewith and any other expenses including the fees and expenses of the Warrant Agent in connection therewith. Every substitute Warrant Certificate executed and delivered pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall represent a contractual obligation of the Company, whether or not such lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant rights and remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Lost, Stolen, Destroyed or Mutilated Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity (other than in connection with any mutilated Warrant Certificates surrendered to the Warrant Agent for cancellation cancellation) reasonably satisfactory to them, the Company shall execute, and upon request of the Company and delivery to the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, Warrant Agent shall authenticate countersign and deliver, in exchange for or in lieu of each lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate evidencing a like number of Stock Warrants of the same tenortitle. Upon the issuance of a new Warrant Certificate under this Section, the Company may require the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection therewith and any other expenses (including the fees and expenses of the Warrant Agent Agent) in connection therewith. Every substitute Warrant Certificate executed and delivered pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall represent a contractual obligation of the Company, whether or not such lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant Certificates, duly executed and delivered hereunder, evidencing Stock Warrants of the same title. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Lost, Stolen, Destroyed or Mutilated Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity (other than in connection with any mutilated Warrant Certificates surrendered to the Warrant Agent for cancellation cancellation) reasonably satisfactory to them, the Company shall execute, and upon request of the Company and delivery to the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, Warrant Agent shall authenticate countersign and deliver, in exchange for or in lieu of each lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate evidencing a like number of Warrants of the same tenortitle. Upon the issuance of a new Warrant Certificate under this Section, the Company may require the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection therewith and any other expenses (including the fees and expenses of the Warrant Agent Agent) in connection therewith. Every substitute Warrant Certificate executed and delivered pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall represent a contractual obligation of the Company, whether or not such lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant rights and remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Lost, Stolen, Destroyed or Mutilated Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity (other than in connection with any mutilated Warrant Certificates Certificate surrendered to the Warrant Agent for cancellation cancellation) reasonably satisfactory to them, then, in the absence of notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall execute, and upon request an authorized officer of the Company and delivery to the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, Warrant Agent shall authenticate and deliver, in exchange for or in lieu of each lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and evidencing a like number of Warrants of the same tenorWarrants. Upon the issuance of a any new Warrant Certificate under this Section, the Company may require the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection therewith and any other expenses (including the fees and expenses of the Warrant Agent Agent) in connection therewith. Every substitute Warrant Certificate executed and delivered pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall represent a contractual obligation of the Company, whether or not such the lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant rights and remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.,

Lost, Stolen, Destroyed or Mutilated Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity other than in connection with any mutilated Warrant Certificates surrendered to the Warrant Agent for cancellation reasonably satisfactory to them, the Company shall execute, and upon request of the Company and delivery to the Warrant Agent of the same Officers' ’ Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, Warrant Agent shall authenticate and deliver, in exchange for or in lieu of each lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate evidencing a like number of Warrants of the same tenor. Upon the issuance of a new Warrant Certificate under this Section, the Company may require the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection therewith and any other expenses including the fees and expenses of the Warrant Agent in connection therewith. Every substitute Warrant Certificate executed and delivered pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall represent a contractual obligation of the Company, whether or not such lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant rights and remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Lost, Stolen, Destroyed or Mutilated Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity (other than in connection with any mutilated Warrant Certificates surrendered to the Warrant Agent for cancellation cancellation) reasonably satisfactory to them, the Company shall execute, and upon request of the Company and delivery to the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, Warrant Agent shall authenticate countersign and deliver, in exchange for or in lieu of each lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate evidencing a like number of Stock Warrants of the same tenortitle. Upon the issuance of a new Warrant Certificate under this Section, the Company may require the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection therewith and any other expenses (including the fees and expenses of the Warrant Agent Agent) in connection therewith. Every substitute Warrant Certificate executed and delivered pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall represent a contractual obligation of the Company, whether or not such lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant rights and remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Lost, Stolen, Destroyed or Mutilated Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity (other than in connection with any mutilated Warrant Certificates surrendered to the Warrant Agent for cancellation cancellation) reasonably satisfactory to them, in the absence of notice to the Company or the Warrant Agent that the Warrant Certificate has been acquired by a bona fide purchaser, the Company shall execute, and upon request of the Company and delivery to the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, Warrant Agent shall authenticate countersign and deliver, in exchange for or in lieu of each lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate evidencing a like number of Warrants of the same tenortitle. Upon the issuance of a new Warrant Certificate under this Section, the Company may require the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection therewith and any other expenses (including the fees and expenses of the Warrant Agent Agent) in connection therewith. Every substitute Warrant Certificate executed and delivered pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall represent a contractual obligation of the Company, whether or not such lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant Certificates, duly executed and delivered hereunder, evidencing Warrants of the same title. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Lost, Stolen, Destroyed or Mutilated Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity other than reasonably satisfactory to them and, in connection with any mutilated Warrant Certificates surrendered the case of mutilation, upon surrender thereof to the Warrant Agent for cancellation reasonably satisfactory cancellation, then, in the absence of notice to themthe Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall execute, and upon request an authorized officer of the Company and delivery to the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, Warrant Agent shall authenticate manually countersign and deliver, in exchange for or in lieu of each the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate evidencing of the same tenor and for a like number of Warrants of the same tenorWarrants. Upon the issuance of a any new Warrant Certificate under this Section, the Company may require the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection therewith relation thereto and any other expenses (including the fees and expenses of the Warrant Agent Agent) in connection therewith. Every substitute Warrant Certificate executed and delivered pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall represent a constitute an additional contractual obligation of the Company, Company whether or not such the lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, anyone and shall be entitled to the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section are exclusive with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates and shall preclude (to the extent lawful) all other rights and or remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Lost, Stolen, Destroyed or Mutilated Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity other than in connection with any mutilated Warrant Certificates surrendered to the Warrant Agent for cancellation reasonably satisfactory to them, the Company shall execute, and upon request of the Company and delivery to compliance with the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under requirements in Section 1.2 of the Unit Agreement, Warrant Agent shall authenticate and deliver, in exchange for or in lieu of each lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate evidencing a like number of Warrants of the same tenor. Upon the issuance of a new Warrant Certificate under this Section, the Company may require the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection therewith and any other expenses including the fees and expenses of the Warrant Agent in connection therewith. Every substitute Warrant Certificate executed and delivered pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall represent a contractual obligation of the Company, whether or not such lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant rights and remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Lost, Stolen, Destroyed or Mutilated Warrant Certificates. Upon receipt In case any Warrant Certificate shall become mutilated or be destroyed, lost or stolen, in the absence of notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company in the case of a mutilated Warrant Certificate shall, and in the case of a lost, stolen or destroyed Warrant Certificate may in its discretion, execute and upon a written request by the Company, signed in the name of the Company by its Chairman of the Board, any one of its Vice Chairmen, its President, any one of its Vice Presidents, its Treasurer, any one of its Assistant Treasurers, its comptroller, or any one of its Assistant Comptrollers, its Secretary or any one of its Assistant Secretaries, and delivered to the Warrant Agent the Warrant Agent shall deliver a new Warrant Certificate of the same tenor and for a like number of Warrants. In every case the applicant for a substituted Warrant Certificate shall surrender the Warrant Certificate to the Warrant Agent, if mutilated, and shall furnish to the Company and to the Warrant Agent such security and indemnity as may be required by them to save each of them harmless, and, in every case of destruction, loss or theft, the applicant shall also furnish to the Company and to the Warrant Agent evidence reasonably satisfactory to them their satisfaction of the ownership destruction, loss or theft of and the loss, theft, destruction or mutilation of any such Warrant Certificate and of indemnity other than in connection with any mutilated Warrant Certificates surrendered to the Warrant Agent for cancellation reasonably satisfactory to them, the Company shall execute, and upon request of the Company and delivery to the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, Warrant Agent shall authenticate and deliver, in exchange for or in lieu of each lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate evidencing a like number of Warrants of the same tenorownership thereof. Upon the issuance of a any new Warrant Certificate under this SectionSection 3.02, the Company may require the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection therewith relation thereto and any other expenses (including the fees and expenses of the Warrant Agent Agent) in connection therewith. Every substitute substituted Warrant Certificate executed and delivered pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall represent a constitute an additional contractual obligation of the Company, whether or not such the lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to be the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. All Warrant Certificates shall be held and owned upon the express condition that the provisions of this Section 3.02 are exclusive with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates and shall preclude (to the extent permitted by law) any and all other rights and or remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificatessecurities without their surrender.

Lost, Stolen, Destroyed or Mutilated Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity (other than in connection with any mutilated Warrant Certificates Certificate surrendered to the Warrant Agent for cancellation cancellation) reasonably satisfactory to them, then, in the absence of notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall execute, and upon request an authorized officer of the Company and delivery to the Warrant Agent of the same Officers' Certificate and Opinion of Counsel as required under Section 1.2 of the Unit Agreement, Warrant Agent shall authenticate and deliver, in exchange for or in lieu of each lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and evidencing a like number of Warrants of the same tenorWarrants. Upon the issuance of a any new Warrant Certificate under this Section, the Company may require the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection therewith and any other expenses (including the fees and expenses of the Warrant Agent Agent) in connection therewith. Every substitute Warrant Certificate executed and delivered pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall represent a contractual obligation of the Company, whether or not such the lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.