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

Lost, Stolen, Mutilated, or Destroyed Units. If any Unit is lost, stolen, mutilated, or destroyed, the Company and the Unit Agent may on such terms as to indemnity (including obtaining an open penalty bond protecting the Unit Agent) or otherwise as they may in their discretion impose (which shall, in the case of a mutilated Unit, include the surrender thereof), issue a new Unit of like denomination, tenor, and date as the Unit so lost, stolen, mutilated, or destroyed. Any such new Unit shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Unit shall be at any time enforceable by anyone.

Appears in 4 contracts

Samples: Unit Agency Agreement (Chanticleer Holdings, Inc.), Unit Agency Agreement (TrovaGene Inc.), Unit Agency Agreement (Synergy Pharmaceuticals, Inc.)

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Lost, Stolen, Mutilated, or Destroyed Units. If any Unit is lost, stolen, mutilated, or destroyed, the Company and the Unit Agent may on such terms as to indemnity (or otherwise, including obtaining an open penalty bond protecting the Unit Agent) or otherwise posting of a lost instrument bond, as they may in their discretion impose (which shall, in the case of a mutilated Unit, include the surrender thereof), issue a new Unit of like denomination, tenor, and date as the Unit so lost, stolen, mutilated, or destroyed. Any such new Unit shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Unit shall be at any time enforceable by anyone.

Appears in 1 contract

Samples: Unit Agreement (ProUroCare Medical Inc.)

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