LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated, or destroyed, the Corporation may, on such terms as to indemnity or otherwise as it may in its discretion reasonably 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, or destroyed. Any such new Warrant shall constitute an original contractual obligation of the Corporation, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant shall be at any time enforceable by anyone other than the holder of the new Warrant.
Appears in 3 contracts
Samples: Purchase Agreement (Display Technologies Inc), Purchase Agreement (Display Technologies Inc), Purchase Agreement (Display Technologies Inc)
LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated, mutilated or destroyed, the Corporation mayshall, on such terms as to indemnity or otherwise as it may in its discretion reasonably impose (which shall, in the case of a mutilated Warrant, include the surrender thereof), at its expense, 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 Corporation, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant shall be at any time enforceable by anyone other than the holder of the new Warrantanyone.
Appears in 2 contracts
Samples: Stockholders Agreement (BPC Holding Corp), Stockholders Agreement (Berry Plastics Corp)
LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated, mutilated or destroyed, the Corporation may, on such terms as to indemnity or otherwise as it may in its discretion reasonably impose (which shallwill, in the case of a mutilated Warrantwarrant, include the surrender thereof), issue a new Warrant warrant of like denomination and tenor as the this Warrant as so lost, stolen, mutilated, mutilated or destroyed. Any such new Warrant shall warrant will constitute an original contractual obligation of the Corporation, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant shall warrant will be at any time enforceable by anyone other than the holder of the new Warrantanyone.
Appears in 2 contracts
Samples: Avanir Pharmaceuticals, Avanir Pharmaceuticals
LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this -------------------------------------------- Warrant is lost, stolen, mutilated, mutilated or destroyed, the Corporation mayshall, on such terms as to indemnity or otherwise as it may in its reasonable discretion reasonably 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 Corporation, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant shall be at any time enforceable by anyone other than the holder of the new Warrantanyone.
Appears in 1 contract
Samples: V I Technologies Inc
LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant -------------------------------------------- is lost, stolen, mutilated, mutilated or destroyed, the Corporation mayshall, on such terms as to indemnity or otherwise as it may in its reasonable discretion reasonably 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 Corporation, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant shall be at any time enforceable by anyone other than the holder of the new Warrantanyone.
Appears in 1 contract
Samples: V I Technologies Inc
LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated, mutilated or destroyed, the Corporation may, on upon delivery of an indemnity agreement reasonably satisfactory to the Corporation and such other terms as to indemnity or the Corporation may otherwise as it may in its discretion reasonably 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 Corporation, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant shall be at any time enforceable by anyone other than the holder of the new Warrantanyone.
Appears in 1 contract
Samples: Healthgate Data Corp
LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant -------------------------------------------- is lost, stolen, mutilated, mutilated or destroyed, the Corporation may, on such terms as to indemnity or otherwise as it may in its discretion reasonably impose (which shallwill, 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 will constitute an original contractual obligation of the Corporation, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant shall will be at any time enforceable by anyone other than the holder of the new Warrantanyone.
Appears in 1 contract
Samples: Telemetrix PLC Et Al
LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is -------------------------------------------- lost, stolen, mutilated, mutilated or destroyed, the Corporation may, on such terms as to indemnity or otherwise as it may in its discretion reasonably 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, or other form of Exhibit 4.12 mutilated or destroyed. Any such new Warrant shall constitute an original contractual obligation of the Corporation, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant shall be at any time enforceable by anyone other than the holder of the new Warrantanyone.
Appears in 1 contract
Samples: American Technology Corp /De/
LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is lost, stolen, mutilated, mutilated or destroyed, the Corporation may, on such terms as to indemnity or otherwise as it may in its discretion reasonably 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 Corporation, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed destroyed. The Warrant shall be at any time enforceable by anyone other than the holder of the new Warrantanyone.
Appears in 1 contract
LOST, STOLEN, MUTILATED OR DESTROYED WARRANT. If this Warrant is -------------------------------------------- lost, stolen, mutilated, or destroyed, the Corporation may, on such terms as to indemnity or otherwise as it may in its discretion reasonably 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, or destroyed. Any such new Warrant shall constitute an original contractual obligation of the Corporation, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant shall be at any time enforceable by anyone other than the holder of the new Warrant.
Appears in 1 contract
Samples: Display Technologies Inc