Common use of LOST, STOLEN, MUTILATED OR DESTROYED WARRANT Clause in Contracts

LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated or destroyed, the Company shall, on such terms as to indemnity or otherwise as it may in its discretion impose (except in the event of loss, theft, mutilation or destruction while this Warrant is in possession of the Company’s Escrow Agent, in which events the Company shall be solely responsible) (which shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant of like denomination and tenor as the Warrant so lost, stolen, mutilated or destroyed. Any such new Warrant shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by anyone.

Appears in 6 contracts

Samples: Revolving Secured Line of Credit Agreement (Mimedx Group, Inc.), Warrant Agreement (Mimedx Group, Inc.), Warrant Agreement (Mimedx Group, Inc.)

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LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated or destroyed, the Company shall, on such terms as to indemnity or otherwise as it may in its discretion impose (except in the event of loss, theft, mutilation or destruction while this Warrant is in possession of the Company’s Escrow Agent, in which events the Company shall be solely responsible) (which shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant of like denomination and tenor as the this Warrant so lost, stolen, mutilated or destroyed. Any such new Warrant shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by anyone.

Appears in 3 contracts

Samples: Warrant Agreement (Mimedx Group, Inc.), Warrant Agreement (Mimedx Group, Inc.), Warrant Agreement (Mimedx Group, Inc.)

LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated mutilated, or destroyed, the Company shallWarrant Agent may, on such terms as to indemnity or otherwise as it or the Company may in its discretion impose (except in the event of loss, theft, mutilation or destruction while this Warrant is in possession of the Company’s Escrow Agent, in which events the Company shall be solely responsible) discretion impose (which shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant of like denomination and tenor as the Warrant so lost, stolen, mutilated mutilated, or destroyed. Any such new Warrant shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated mutilated, or destroyed Warrant shall be at any time enforceable by anyone. The Company hereby agrees to execute and deliver such new Warrants issued in accordance with this Section 8 as the Warrant Agent shall request.

Appears in 2 contracts

Samples: Warrant Agreement (Mechanical Technology Inc), Warrant Agent Agreement (Mechanical Technology Inc)

LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated or destroyed, Upon receipt of evidence reasonably satisfactory to the Company shall, on such terms as to indemnity or otherwise as it may in its discretion impose (except in of the event of loss, theft, destruction or mutilation or destruction while of this Warrant is in possession of the Company’s Escrow Agent, in which events the Company shall be solely responsible) (which shalland, in the case of a mutilated any such loss, theft or destruction, upon delivery of an indemnity agreement reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrant, include the surrender Company, at its expense, will execute and deliver to the Holder, in lieu thereof), issue a new Warrant of like denomination date and tenor as the Warrant so lost, stolen, mutilated or destroyedtenor. Any such new Warrant shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by anyone.

Appears in 2 contracts

Samples: Preferred Stock Purchase Warrant (TELA Bio, Inc.), Preferred Stock Purchase Warrant (TELA Bio, Inc.)

LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated or destroyed, the Company shall, on such terms as to indemnity or otherwise as it may in its discretion impose (except in the event of loss, theft, mutilation or destruction while this Warrant is in possession of the Company’s 's Escrow Agent, in which events the Company shall be solely responsible) (which shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant of like denomination and tenor as the Warrant so lost, stolen, mutilated or destroyed. Any such new Warrant shall hall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by anyone.

Appears in 1 contract

Samples: Warrant Agreement (Hayes Corp)

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LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated or destroyed, the Company shall, on such terms as to indemnity or otherwise as it may in its discretion impose (except in the event of loss, theft, mutilation or destruction while this Warrant is in possession of the Company’s 's Escrow Agent, in which events the Company shall be solely responsible) (which shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant of like denomination and tenor as the Warrant so lost, stolen, mutilated or destroyed. Any such new Warrant shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by anyone.

Appears in 1 contract

Samples: Warrant Agreement (Hayes Corp)

LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated or destroyed, the Company shall, on upon receipt from the Holder of an affidavit of loss or similar instrument and the posting of a bond or such terms other indemnification or undertaking as to indemnity or otherwise as it may in its discretion impose (except in the event of loss, theft, mutilation or destruction while this Warrant is in possession of the Company’s Escrow Agent, in which events the Company shall be solely responsible) request (which shalland, in the case of a mutilated Warrant, include the accompanying surrender thereof), issue a new Warrant of like denomination and tenor as the Warrant so lost, stolen, mutilated or destroyed. Any such new Warrant shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by anyone.

Appears in 1 contract

Samples: Warrant Agreement (Boulder Specialty Brands, Inc.)

LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated or destroyed, the Company shall, on such terms receipt of an executed Lost Warrant Affidavit in substantially the form annexed hereto as to indemnity or otherwise as it may in its discretion impose Exhibit C (except in the event of loss, theft, mutilation or destruction while this Warrant is in possession of the Company’s Escrow Agent, in which events the Company shall be solely responsible) (which shallor, in the case of a mutilated Warrant, include the surrender thereofWarrant), issue a new Warrant of like denomination and tenor as the this Warrant so lost, stolen, mutilated or destroyed. Any such Every new Warrant executed and delivered pursuant to this Section 11 in lieu of any destroyed, lost or stolen Warrant shall constitute an original contractual obligation of the Company, whether or not the allegedly lostdestroyed, stolen, mutilated lost or destroyed stolen Warrant shall be at any time enforceable by anyone.

Appears in 1 contract

Samples: Software Purchase Agreement (Teknik Digital Arts Inc.)

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