Common use of Lost, Stolen or Destroyed Certificate Clause in Contracts

Lost, Stolen or Destroyed Certificate. If any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact (such affidavit shall be in a form reasonably satisfactory to the Surviving Company and the Paying Agent) by the Person claiming such Certificate to be lost, stolen or destroyed, and, if required by the Paying Agent or the Surviving Company, the posting by such Person of a bond in such reasonable amount as the Surviving Company may direct, and upon such terms as may be reasonably required by the Surviving Company or the Paying Agent, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent or the Surviving Company, as the case may be, will issue in exchange for such lost, stolen or destroyed Certificate a check or wire transfer in the amount of the number of Shares formerly represented by such lost, stolen or destroyed Certificate (other than the Dissenting Shares whose holders have served a valid notice of dissent under Section 238(5) of the Companies Act or the Excluded Shares) multiplied by the Per Share Merger Consideration (less any applicable withholding Taxes), without any interest thereon.

Lost, Stolen or Destroyed Certificate. If any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact (such affidavit shall be in a form reasonably satisfactory to the Surviving Company Corporation and the Paying Agent) by the Person claiming such Certificate to be lost, stolen or destroyed, and, if required by the Paying Agent or the Surviving CompanyCorporation, the posting by such Person of a bond in such reasonable amount as the Surviving Company Corporation may direct, and upon such terms as may be reasonably required by the Surviving Company Corporation or the Paying Agent, as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent or the Surviving CompanyCorporation, as the case may be, will issue in exchange for such lost, stolen or destroyed Certificate a check or wire transfer in the amount of the number of Shares formerly represented by such lost, stolen or destroyed Certificate (other than the Dissenting Shares whose holders have served a valid notice of dissent under Section 238(5) of the Companies Act or the Excluded Shares) multiplied by the Per Share Merger Consideration (less any applicable withholding Taxes), without any interest thereon.