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

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a “protected” purchaser, the Company may, upon receipt by the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and Company harmless, or any other condition as the Company and the Warrant Agent may in their discretion impose (which shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, and date as the Warrant Certificate so lost, stolen, mutilated, or destroyed, and countersigned by the Warrant Agent. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 9 contracts

Samples: Warrant Agreement (Seanergy Maritime Holdings Corp.), Warrant Agreement (Seanergy Maritime Holdings Corp.), Warrant Agreement (Seanergy Maritime Holdings Corp.)

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Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, mutilated or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has certificates have been acquired by a “protected” protected purchaser, the Company may, upon receipt by Warrant Agent of customary and reasonable indemnity, if requested (which shall in no event include the posting of any bond) satisfactory to the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and Company harmless, or any other condition as the Company issue, in a form mutually agreed to by Warrant Agent and the Warrant Agent may in their discretion impose (which shallCompany, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, tenor and date as the Warrant Certificate so lost, stolen, mutilated, mutilated or destroyed, and countersigned by the Warrant Agent. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue countersign replacement Warrant Certificates Warrants for mutilated certificates upon presentation thereof without such indemnity.

Appears in 8 contracts

Samples: Warrant Agreement (InspireMD, Inc.), Warrant Agreement (InspireMD, Inc.), Warrant Agreement (InspireMD, Inc.)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a “protected” purchaser, the Company may, upon receipt by the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and Company harmless, or any other condition as the Company and the Warrant Agent may, absent notice to Warrant Agent that such Warrant has been acquired by a bona fide purchaser, on such terms as to indemnity or otherwise as they may in their discretion impose (which shallterms shall in all cases include posting of a lost security bond by or on behalf of the Registered Holder holding the Warrant Agent and the Company harmless, and in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, and date as the Warrant Certificate so lost, stolen, mutilated, or destroyed, and countersigned by the Warrant Agent. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue countersign replacement Warrant Certificates Warrants for mutilated certificates upon presentation thereof without such indemnity.

Appears in 4 contracts

Samples: Warrant Agreement (Greenfire Resources Ltd.), Warrant Agreement (Greenfire Resources Ltd.), Warrant Agreement (Greenfire Resources Ltd.)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has certificates have been acquired by a “protected” protected purchaser, and in the Company maycase of any lost, stolen or destroyed Warrant, upon receipt by it and the Warrant Agent of an open penalty surety bond indemnity or security satisfactory to it and holding it and Company harmlessthe Warrant Agent, or any other condition as the Company may issue, in a form mutually agreed to by Warrant Agent and the Warrant Agent may in their discretion impose (which shallCompany, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, tenor and date as the Warrant Certificate so lost, stolen, mutilated, mutilated or destroyed, and countersigned by the Warrant Agent. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue countersign replacement Warrant Certificates Warrants for mutilated certificates upon presentation thereof without such indemnity.

Appears in 3 contracts

Samples: Warrant Agency Agreement (Rennova Health, Inc.), Warrant Agency Agreement (VistaGen Therapeutics, Inc.), Warrant Agency Agreement (VistaGen Therapeutics, Inc.)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or and the Warrant Agent that may on such Warrant Certificate has been acquired by a “protected” purchaser, terms as to indemnity or otherwise as they may in their discretion impose (which may include the Company may, upon receipt by the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and the Company harmless), or any other condition as the Company and absent notice to the Warrant Agent may in their discretion impose (that such certificates have been acquired by a bona fide purchaser, and which shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, and date as the Warrant Certificate so lost, stolen, mutilated, or destroyed. The Warrant Agent may, and countersigned by the Warrant Agentat its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 2 contracts

Samples: Warrant Agreement (REZOLVE GROUP LTD), Warrant Agreement (REZOLVE GROUP LTD)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has certificates have been acquired by a “protected” protected purchaser, and in the Company maycase of any lost, stolen or destroyed Warrant, upon receipt by it and the Warrant Agent of an open penalty surety bond indemnity or security satisfactory to it and the Warrant Agent and holding it the Warrant Agent and the Company harmless, or any other condition as the Company may issue, in a form mutually agreed to by Warrant Agent and the Warrant Agent may in their discretion impose (which shallCompany, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, tenor and date as the Warrant Certificate so lost, stolen, mutilated, mutilated or destroyed, and countersigned (by either manual or facsimile signature) by the Warrant Agent. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue countersign replacement Warrant Certificates Warrants for mutilated certificates upon presentation thereof without such indemnity.

Appears in 2 contracts

Samples: Warrant Agency Agreement (Rennova Health, Inc.), Warrant Agency Agreement (BioAmber Inc.)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a “protected” purchaser, the Company may, upon receipt by the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and Company harmless, or any other condition otherwise as the Company and the Warrant Agent may in their discretion impose (which shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, and date as the Warrant Certificate so lost, stolen, mutilated, or destroyed, and countersigned by the Warrant Agent. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 2 contracts

Samples: Warrant Agreement (ImmunoCellular Therapeutics, Ltd.), Warrant Agreement (ImmunoCellular Therapeutics, Ltd.)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or and the Warrant Agent that may on such Warrant Certificate has been acquired by a “protected” purchaser, terms as to indemnity or otherwise as they may in their discretion impose (which may include the Company may, upon receipt by the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and the Company harmless), or any other condition as the Company and absent notice to the Warrant Agent may in their discretion impose (that such certificates have been acquired by a bona fide purchaser, and which shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, and date as the Warrant Certificate so lost, stolen, mutilated, or destroyed. The Warrant Agent may, and countersigned by the Warrant Agentat its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 2 contracts

Samples: Warrant Assignment, Assumption and Amendment Agreement (REZOLVE GROUP LTD), Assignment, Assumption and Amendment Agreement (REZOLVE GROUP LTD)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a "protected" purchaser, the Company may, upon receipt by the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and Company harmless, or any other condition as the Company and the Warrant Agent may in their discretion impose (which shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, and date as the Warrant Certificate so lost, stolen, mutilated, or destroyed, and countersigned by the Warrant Agent. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 1 contract

Samples: Class a Warrant Agreement (Seanergy Maritime Holdings Corp.)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, mutilated or destroyed, absent notice to the Company or and the Warrant Agent that such Warrant Certificate has been acquired by a “protected” purchaser, the Company may, may on upon receipt by the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and the Company harmless, or any other condition and on such terms as the Company and the Warrant Agent they may otherwise in their discretion impose (which shall, in the case of a mutilated Warrant, include the surrender thereof), absent notice to the Warrant Agent that such certificates have been acquired by a bona fide purchaser, issue a new Warrant Certificate of like denomination, tenor, tenor and date as the Warrant Certificate so lost, stolen, mutilated, mutilated or destroyed. The Warrant Agent may, and countersigned by the Warrant Agentat its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 1 contract

Samples: Warrant Agreement (Volta Inc.)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a “protected” purchaser, the Company may, upon receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them of such loss, theft, destruction or mutilation and an open penalty surety bond satisfactory to it and holding it and Company harmless, or any other condition as and reimbursement to the Company and the Warrant Agent may in their discretion impose (which shallof all reasonable expenses incidental thereto, in the case of a mutilated Warrant, include the surrender thereof), Warrant Agent shall issue a new Warrant Certificate replacement Warrants of like denomination, tenor, and date as the Warrant Certificate so for those certificates alleged to have been lost, stolen, mutilated, stolen or destroyed, and countersigned by absent notice to the Warrant AgentAgent that such certificates have been acquired by a bona fide purchaser. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 1 contract

Samples: Warrant Agreement (Kalera Public LTD Co)

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Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, mutilated or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a “protected” purchaser, the Company may, upon receipt by the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and Company harmless, or any other condition as the Company and the Warrant Agent may, on such terms as to indemnity or otherwise as they may in their discretion impose (which terms shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, tenor and date as the Warrant Certificate so lost, stolen, mutilated, mutilated or destroyed, and countersigned by the Warrant Agent. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Company or the Warrant Agent may request reimbursement to the Company and the Warrant Agent of all reasonable expenses incidental thereto and an open penalty surety bond satisfactory to it and holding the Warrant Agent and the Company harmless, absent notice to the Warrant Agent that such certificates have been acquired by a bona fide purchaser. The Warrant Agent may, at its option, issue replacement Warrant Certificates Warrants for mutilated certificates upon presentation thereof without such indemnity.

Appears in 1 contract

Samples: Warrant Agreement (Tetra Technologies Inc)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a “protected” purchaser, the Company may, upon receipt by the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and Company harmless, or any other condition as the Company and the Warrant Agent may on such terms as to indemnity or otherwise as they may in their discretion impose (which shall, in the case of a mutilated Warrant, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, and date as the Warrant Certificate so lost, stolen, mutilated, or destroyed. The Warrant Agent shall issue replacement Warrants in a form mutually agreed to by Warrant Agent and the Company for those certificates alleged to have been lost, stolen or destroyed, upon receipt by Warrant Agent of an open penalty surety bond satisfactory to it and countersigned by holding it and Company harmless, absent notice to the Warrant AgentAgent that such certificates have been acquired by a bona fide purchaser. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 1 contract

Samples: Warrant Agreement (RLJ Entertainment, Inc.)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a “protected” purchaser, the Company may, upon Upon receipt by the Warrant Agent of an open penalty surety bond evidence reasonably satisfactory to it and holding it and Company harmlessof the loss, theft, destruction or mutilation of a Warrant Certificate, which evidence shall include an affidavit of loss, or in the case of mutilated certificates, the certificate or portion thereof remaining, and, in case of loss, theft or destruction, of indemnity in customary form and amount, and satisfaction of any other condition reasonable requirements established by Section 8-405 of the Uniform Commercial Code as in effect in the State of Delaware, and reimbursement to the Company and the Warrant Agent may in their discretion impose (which shallof all reasonable expenses incidental thereto, in and upon surrender to the case Warrant Agent and cancellation of a mutilated Warrantthe Warrant Certificate if mutilated, include the surrender thereof), issue Company will make and deliver a new Warrant Certificate of like denomination, tenor, and date as tenor to the Warrant Agent for delivery to the Holder in lieu of the Warrant Certificate so lost, stolen, destroyed or mutilated, or destroyed, and countersigned by the Warrant Agent. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 1 contract

Samples: Warrant Agency Agreement (OptiNose, Inc.)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, the Company and the Warrant Agent may issue replacement Warrants in a form mutually agreed to by the Warrant Agent and the Company for those certificates alleged to have been lost, stolen, mutilated, or destroyed, absent notice to the Company or the Warrant Agent that such Warrant Certificate has certificates have been acquired by a “protected” bona fide purchaser, the Company may, and upon receipt by the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and Company harmless, or any other condition as the Company and the Warrant Agent may in their discretion impose (which shall, in the case of a mutilated Warrant, include Warrant the surrender thereof). The Warrant Agent may, at its option, issue a new Warrant Certificate of like denomination, tenor, and date as the Warrant Certificate so lost, stolen, mutilated, or destroyed, and countersigned by the Warrant Agentreplacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 1 contract

Samples: Warrant Agreement (Proterra Inc)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, the Company and the Warrant Agent may, absent notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a “protected” bona fide purchaser, the Company may, upon receipt by the Warrant Agent of an open penalty surety bond satisfactory on such terms as to it and holding it and Company harmless, indemnity or any other condition otherwise as the Company and the Warrant Agent they may in their discretion impose (which shallterms shall in all cases include posting of a lost security bond by or on behalf of the Registered Holder holding the Warrant Agent and the Company harmless, and in the case of a mutilated WarrantWarrant Certificate, include the surrender thereof), issue a new Warrant Certificate of like denomination, tenor, tenor and date as the Warrant Certificate so lost, stolen, mutilated, mutilated or destroyed, and countersigned by the Warrant Agent. Any Warrant represented by such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 1 contract

Samples: Warrant Agreement (Tritium DCFC LTD)

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant Certificate is lost, stolen, mutilated, or destroyed, absent notice to the Company or and the Warrant Agent that may on such Warrant Certificate has been acquired by a “protected” purchaser, terms as to indemnity or otherwise as they may in their discretion impose (which may include the Company may, upon receipt by the Warrant Agent of an open penalty surety bond satisfactory to it and holding it and the Company harmless, or any other condition as the Company and absent notice to the Warrant Agent may in their discretion impose (that such certificates have been acquired by a bona fide purchaser, and which shall, in the case of a mutilated Warrant, include the surrender thereof), ) issue a new Warrant Certificate of like denomination, tenor, and date as the Warrant Certificate so lost, stolen, mutilated, or destroyed. The Warrant Agent may, and countersigned by the Warrant Agentat its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Any such new Warrant Certificate shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone. The Warrant Agent may, at its option, issue replacement Warrant Certificates for mutilated certificates upon presentation thereof without such indemnity.

Appears in 1 contract

Samples: Assignment, Assumption and Amendment Agreement (Niocorp Developments LTD)

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