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

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 security or indemnity satisfactory to the Company or the Warrant Agent and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, then, in the absence of written notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall prepare, execute and deliver a new Warrant Certificate of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, the new Warrant Certificate to the Holder in lieu of the Warrant Certificate so lost, stolen, mutilated or destroyed. 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 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.

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 security or indemnity reasonably satisfactory to the Company or 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 written notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall prepareexecute, execute and deliver a new Warrant Certificate an authorized officer of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, the a new Warrant Certificate to the Holder in lieu of the same tenor and evidencing a like number of Warrants. Upon the issuance of any new Warrant Certificate so lostunder this Section, stolen, mutilated or destroyed. 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 tax or other tax or governmental charge that may be imposed in relation thereto 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 be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any such exchangeand all other Warrant Certificates duly executed and delivered hereunder. To the extent permitted under applicable law, the The provisions of this Section 1.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remediesCertificates.

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 security or indemnity satisfactory to the Company or the Warrant Agent them and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, then, in the absence of written notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall prepareexecute, execute and deliver a new Warrant Certificate an authorized officer of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall manually countersign and deliver, in exchange for the mutilated Warrant Certificate, or in lieu of the lost, stolen, stolen or destroyed or mutilated Warrant Certificate, the a new Warrant Certificate to the Holder in lieu of the Warrant Certificate so lost, stolen, mutilated or destroyedsame 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. Every substitute Warrant Certificate executed and delivered pursuant to this Section 1.04 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute 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 shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. 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.

Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them it from a Warrant Holder of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of security or indemnity reasonably satisfactory to the Company or the Warrant Agent Agent, and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, then, in the absence of written notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall prepareexecute, execute and deliver a new Warrant Certificate an authorized officer of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, the a new Warrant Certificate to the Holder in lieu of the same tenor and evidencing a like number of Warrants. Upon the issuance of any new Warrant Certificate so lostunder this Section 3.2, stolen, mutilated or destroyed. 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 tax or other tax or governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Warrant Agent) in connection with any such exchangetherewith. To the extent permitted under applicable law, the The provisions of this Section 1.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remediesCertificates.

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 security or an indemnity from the Warrantholder reasonably satisfactory to the Company or the Warrant Agent 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 written notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall prepare, execute and deliver a new Warrant Certificate of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, the new a substitute Warrant Certificate to the Holder in lieu of the same tenor and evidencing a like number of Warrants. Upon the issuance of any substitute Warrant Certificate so lostunder this Section 7.2, stolen, mutilated or destroyed. 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 tax or other tax or governmental 7 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.

Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon --------------------------------------------------------- receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them it from a Warrant Holder of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and of security or indemnity reasonably satisfactory to the Company or the Warrant Agent Agent, and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, then, in the absence of written notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall prepareexecute, execute and deliver a new Warrant Certificate an authorized officer of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, the a new Warrant Certificate to the Holder in lieu of the same tenor and evidencing a like number of Warrants. Upon the issuance of any new Warrant Certificate so lostunder this Section, stolen, mutilated or destroyed. 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 tax or other tax or governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Warrant Agent) in connection with any such exchangetherewith. To the extent permitted under applicable law, the The provisions of this Section 1.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remediesCertificates.

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 security or indemnity reasonably satisfactory to the Company or the Warrant Agent 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 written notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall prepare, execute and deliver a new Warrant Certificate of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, the new a substitute Warrant Certificate to the Holder in lieu of the same tenor and evidencing a like number of Warrants. Upon the issuance of any substitute Warrant Certificate so lostunder this Section 7.2, stolen, mutilated or destroyed. 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 tax or other tax or governmental charge that may be imposed in relation thereto and any other reasonable 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 subject to the satisfaction of all indemnity obligations provided for herein.

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 security or indemnity reasonably satisfactory to the Company or 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 written notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall prepareexecute, execute and deliver a new Warrant Certificate an authorized officer of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, the a new Warrant Certificate to the Holder in lieu of the same tenor and evidencing a like number of Warrants. Upon the issuance of any new Warrant Certificate so lostunder this Section, stolen, mutilated or destroyed. 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 tax or other tax or governmental charge that may be imposed in relation thereto and any other expenses (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 represent an additional contractual obligation of the Company, whether or remedies.not the mutilated, lost, stolen or

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 security or indemnity reasonably satisfactory to the Company or 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 written notice to the Company or the Warrant Agent that such Warrant Certificate certificate has been acquired by a bona fide purchaser, the Company shall prepareexecute, execute and deliver a new Warrant Certificate an authorized officer of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, the a new Warrant Certificate to the Holder in lieu of the same tenor and evidencing a like number of Warrants. Upon the issuance of any new Warrant Certificate so lostunder this Section, stolen, mutilated or destroyed. 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 tax or other tax or governmental charge that may be imposed in relation thereto 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 be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any such exchangeand all other Warrant Certificates duly executed and delivered hereunder. To the extent permitted under applicable law, the The provisions of this Section 1.04 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude any and all other rights or remediesCertificates.

Lost, Stolen, Mutilated or Destroyed Warrant Certificates. Upon receipt by the Company Corporation 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 security or indemnity satisfactory to the Company Corporation or the Warrant Agent and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, then, in the absence of written notice to the Company Corporation or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company Corporation shall prepare, execute and deliver a new Warrant Certificate of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, the new Warrant Certificate to the Holder registered holder in lieu of the Warrant Certificate so lost, stolen, mutilated or destroyed. No service charge shall be made for any replacement of Warrant Certificates, but the Company Corporation may require the payment of a sum sufficient to cover any stamp or other tax or 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 3.8 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.

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 security or indemnity satisfactory to the Company or the Warrant Agent them and, in the case of mutilation, upon surrender of such Warrant Certificate to the Warrant Agent for cancellation, then, in the absence of written notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide protected purchaser, the Company shall prepareexecute, execute and deliver a new Warrant Certificate an authorized officer of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall manually countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, the a new Warrant Certificate to the Holder in lieu of the Warrant Certificate so lost, stolen, mutilated or destroyedsame tenor and for a like number of Warrants. No service charge charge, other than as set forth in this Section 1.04, shall be made for any replacement of Warrant Certificates, but . The Company and/or the Company Warrant Agent 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. The Warrant Agent may require the Holder to pay for "lost certificate bond" fee, the amount of which to be determined by the Warrant Agent, for any replacement Warrant Certificate issuance hereunder. 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.

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 security or an indemnity from the Warrantholder reasonably satisfactory to the Company or the Warrant Agent 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 written notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Company shall prepare, execute and deliver a new Warrant Certificate of like tenor and dated as of such cancellation to the Warrant Agent and the Warrant Agent shall countersign and deliver, in exchange for or in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate, the new a substitute Warrant Certificate to the Holder in lieu of the same tenor and evidencing a like number of Warrants. Upon the issuance of any substitute Warrant Certificate so lostunder this Section 7.1, stolen, mutilated or destroyed. 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 tax or other tax or 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 7.1 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.