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

Lost, Stolen, Mutilated, or Destroyed Instruments. If any of the Warrants or certificates for Preferred Shares are lost, stolen, mutilated, or destroyed and if the Company receives a lost security affidavit containing an indemnification from the Holder of such Warrant or Preferred Shares and containing such other terms and providing for such bonding as may be reasonably requested by the Company, the Company will issue a new Warrant or certificate for Preferred Shares, as the case may be, of like denomination, tenor, and date as the Warrant or certificate for Preferred Shares, as the case may be, so lost, stolen, mutilated, or destroyed. Any such new Warrant or certificate for Preferred Shares, as the case may be, will constitute an original obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant or certificate for Preferred Shares, as the case may be, is at any time enforceable by any Person.

Appears in 3 contracts

Samples: Preferred Stock and Warrant Purchase Agreement (It Partners Inc), Warrant Purchase Agreement (F Jotan LLC), Preferred Stock and Warrant Purchase Agreement (Jotan Inc)

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Lost, Stolen, Mutilated, or Destroyed Instruments. If any of the ------------------------------------------------- Warrants or certificates for Preferred Shares are lost, stolen, mutilated, or destroyed and if the Company receives a lost security affidavit containing an indemnification from the Holder of such Warrant or Preferred Shares and containing such other terms and providing for such bonding as may be reasonably requested by the Company, the Company will issue a new Warrant or certificate for Preferred Shares, as the case may be, of like denomination, tenor, and date as the Warrant or certificate for Preferred Shares, as the case may be, so lost, stolen, mutilated, or destroyed. Any such new Warrant or certificate for Preferred Shares, as the case may be, will constitute an original obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant or certificate for Preferred Shares, as the case may be, is at any time enforceable by any Person.

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (Rice Partners Ii L P)

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