Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity satisfactory to them and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and for a like number of Warrants. No service charge shall be made for any replacement of Warrant Certificates, but 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 with any such exchange. To the extent permitted under applicable law, the provisions of this Section 1.04 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.
Appears in 16 contracts
Samples: Warrant Agreement (Thomas Weisel Partners Group, Inc.), Warrant Agreement (Pmi Group Inc), Warrant Agreement (Pmi Group Inc)
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by If any Warrant Certificate shall be mutilated, apparently lost, stolen or destroyed, the Company and in its discretion may direct the Warrant Agent of evidence satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity satisfactory to them and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign execute and deliver, in exchange and substitution for and upon cancellation of a mutilated Warrant Certificate, or in lieu of the or in substitution for an apparently lost, stolen, stolen or destroyed or mutilated Warrant Certificate, a new Warrant Certificate of for the same tenor and for a like number of Warrants. No service charge shall be made for any replacement of Warrants represented by the Warrant Certificates, but 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 with any such exchange. To the extent permitted under applicable law, the provisions of this Section 1.04 are exclusive with respect to the replacement of Certificate so mutilated, apparently lost, stolen or destroyed but only upon receipt of evidence of such loss, theft or destruction of such Warrant Certificate, and of the ownership thereof, and indemnity, if requested, all satisfactory to the Company and the Warrant Agent. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges incidental thereto as the Company or Warrant Agent may prescribe. Any such new Warrant Certificate shall preclude constitute an original contractual obligation of the Company, whether or not the allegedly mutilated, lost or stolen or destroyed Warrant Certificate shall be at any and all other rights or remediestime enforceable by anyone.
Appears in 6 contracts
Samples: Warrant Agreement (Acclaim Entertainment Inc), Warrant Agreement (Acclaim Entertainment Inc), Warrant Agreement (American Bank Note Holographics Inc)
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity satisfactory to them and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and for a like number of Warrants. No service charge shall be made for any replacement of Warrant Certificates, but 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 with any such exchange. To the extent permitted under applicable law, the provisions of this Section 1.04 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.
Appears in 5 contracts
Samples: Warrant Agreement (Marathon Acquisition Corp.), Warrant Agreement (TAC Acquisition Corp.), Warrant Agreement (Marathon Acquisition Corp.)
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them it and the Company of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of and/or indemnity reasonably satisfactory to them the Warrant Agent and the Company and, in the case of mutilation, upon surrender of such the mutilated Warrant Certificate to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and evidencing Warrants for a like number of WarrantsWarrant Shares. No service charge shall be made for Upon the issuance of any replacement of new Warrant CertificatesCertificate under this Section 3.2, but 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 with relation thereto and any such exchange. To other expenses (including the extent permitted under applicable law, fees and expenses of the provisions of this Section 1.04 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.Agent) in connection
Appears in 4 contracts
Samples: Common Stock Warrant Agreement (GTX Inc /De/), Common Stock Warrant Agreement (GTX Inc /De/), Common Stock Warrant Agreement (Xenoport Inc)
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them it of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity reasonably satisfactory to them it and, in the case of mutilation, upon surrender of such the Warrant Certificate to the Warrant Agent Company for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign execute and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new substitute Warrant Certificate of the same tenor and for evidencing a like number of Warrants. No service charge shall be made for Upon the issuance of any replacement of substitute Warrant CertificatesCertificate under this Section 7.2, but 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 relation thereto and any other expenses in connection with any such exchangetherewith. To the extent permitted under applicable law, the provisions of Every substitute Warrant Certificate executed and delivered pursuant to this Section 1.04 are exclusive with respect to the replacement 7.2 in lieu of mutilated, any lost, stolen or destroyed Warrant Certificates Certificate shall represent an additional contractual obligation of the Company, whether or not the lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and every holder thereof shall preclude be entitled to the benefits of this Warrant Agreement equally and proportionately with any and all other rights or remediesWarrant Certificates duly executed and delivered hereunder.
Appears in 4 contracts
Samples: Warrant Agreement (Florida Power & Light Co), Warrant Agreement (Florida Power & Light Co), Warrant Agreement (Gexa Corp)
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them it and the Company of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of and/or indemnity reasonably satisfactory to them the Warrant Agent and the Company and, in the case of mutilation, upon surrender of such the mutilated Warrant Certificate to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and evidencing Warrants for a like number of WarrantsWarrant Securities. No service charge shall be made for Upon the issuance of any replacement of new Warrant CertificatesCertificate under this Section 3.2, but 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 with relation thereto and any such exchange. To other expenses (including the extent permitted under applicable law, fees and expenses of the provisions of this Section 1.04 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.Agent) in connection
Appears in 3 contracts
Samples: Warrant Agreement (Alexza Pharmaceuticals Inc.), Warrant Agreement (Alexza Pharmaceuticals Inc.), Warrant Agreement (Alexza Pharmaceuticals Inc.)
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity satisfactory to them and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and for a like number of Warrants. No service charge shall be made for any replacement of Warrant Certificates, but 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 with any such exchange. To the extent permitted under applicable law, the provisions of this Section 1.04 1.4 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.
Appears in 2 contracts
Samples: Warrant Agreement (Forest City Enterprises Inc), Warrant Agreement (Citizens Communications Co)
Lost, Stolen, Mutilated or Destroyed 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 the Warrant Certificate Certificate, and of indemnity reasonably satisfactory to them them, and, in the case of mutilation, upon surrender of such Warrant Certificate thereof to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, stolen or destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and for a like number of Warrants. No service charge shall be made for Upon the issuance of any replacement of new Warrant CertificatesCertificate under this Section, but 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 relation thereto and any other expense (including the fees and expenses of the Warrant Agent) in connection with any such exchangetherewith. To the extent permitted under applicable law, the provisions of Every substitute Warrant Certificate executed and delivered pursuant to this Section 1.04 are exclusive with respect to the replacement in lieu of mutilated, any lost, stolen or destroyed Warrant Certificates and Certificate shall preclude any and all other rights constitute an additional contractual obligation of the Company, whether or remedies.not the lost,
Appears in 1 contract
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them it of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of an indemnity from the Warrantholder reasonably satisfactory to them the Company and, in the case of mutilation, upon surrender of such the Warrant Certificate to the Warrant Agent Company for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign execute and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new substitute Warrant Certificate of the same tenor and for evidencing a like number of Warrants. No service charge shall be made for Upon the issuance of any replacement of substitute Warrant CertificatesCertificate under this Section 7.2, but 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 relation thereto and any other expenses in connection with any such exchangetherewith. To the extent permitted under applicable law, the provisions of Every substitute Warrant Certificate executed and delivered pursuant to this Section 1.04 are exclusive with respect to the replacement 7.2 in lieu of mutilated, any lost, stolen or destroyed Warrant Certificates and Certificate shall preclude any and all other rights or remediesrepresent the contractual obligation of the Company.
Appears in 1 contract
Samples: Warrant Agreement (Infinity Inc)
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity satisfactory to them and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and for a like number of Warrants. No service charge shall be made for any replacement of Warrant Certificates, but 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 with any such exchange. To the extent permitted under applicable law, the provisions of this Section 1.04 1.05 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.
Appears in 1 contract
Samples: Warrant Agreement
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity satisfactory to them and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and for a like number of Warrants. No service charge shall be made for any replacement of Warrant Certificates, but 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 with any such exchange. To the extent permitted under applicable law, the provisions of this Section 1.04 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.this
Appears in 1 contract
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity satisfactory to them and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and for a like number of Warrants. No service charge shall be made for any replacement of Warrant Certificates, but 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 with any such exchange. To the extent permitted under applicable law, the provisions of this Section 1.04 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.be
Appears in 1 contract
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent Corporation of evidence satisfactory to them it of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity satisfactory to them and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent Corporation for cancellation, then, in the absence of notice to the Company or the Warrant Agent Corporation that such Warrant Certificate has been acquired by a bona fide purchaser, the Company Corporation shall execute, and an authorized officer of the Warrant Agent shall manually countersign and execute deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and for a like number of Warrants. No service charge shall be made for any replacement of Warrant Certificates, but the Company Corporation may require require, upon written request, the payment of a sum sufficient to cover any stamp or other tax or other governmental charge that may be imposed in connection with any such exchange. To the extent permitted under applicable law, the provisions of this Section 1.04 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Marathon Acquisition Corp.)
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them it and the Company of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of indemnity reasonably satisfactory to them the Warrant Agent and the Company and, in the case of mutilation, upon surrender of such Warrant Certificate thereof to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and for evidencing a like number of Warrants. No service charge shall be made for Upon the issuance of any replacement of new Warrant CertificatesCertificate under this Section, but 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 with relation thereto and any such exchange. To the extent permitted under applicable law, the provisions of this Section 1.04 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.expenses (including
Appears in 1 contract
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them it and the Company of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of and/or indemnity reasonably satisfactory to them the Warrant Agent and the Company and, in the case of mutilation, upon surrender of such the mutilated Warrant Certificate to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and evidencing Warrants for a like number of WarrantsWarrant Securities. No service charge shall be made for Upon the issuance of any replacement of new Warrant CertificatesCertificate under this Section 3.2, but 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 with relation thereto and any such exchange. To the extent permitted under applicable law, the provisions of this Section 1.04 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.expenses (including
Appears in 1 contract
Samples: Preferred Stock Warrant Agreement (NGM Biopharmaceuticals Inc)
Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them it and the Company of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of and/or indemnity reasonably satisfactory to them the Warrant Agent and the Company and, in the case of mutilation, upon surrender of such the mutilated Warrant Certificate to the Warrant Agent for cancellation, 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 an authorized officer of the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, a new Warrant Certificate of the same tenor and evidencing Warrants for a like number of WarrantsWarrant Securities. No service charge shall be made for Upon the issuance of any replacement of new Warrant CertificatesCertificate under this Section 3.2, but 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 with any such exchange. To the extent permitted under applicable law, the provisions of this Section 1.04 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remedies.be
Appears in 1 contract