Lost, Stolen or Destroyed Certificate. In the event any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required, the posting by the holder of a bond in customary amount as indemnity against any claim that may be made against it with respect to the Certificate, the Exchange Agent shall issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration such holder has a right to receive pursuant to this Article 2.
Appears in 2 contracts
Samples: Merger Agreement (Kirby Corp), Agreement and Plan of Merger (K-Sea Transportation Partners Lp)
Lost, Stolen or Destroyed Certificate. In the event any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required, the posting by the holder of a bond in customary amount as indemnity against any claim that may be made against it with respect to the Certificate, the Exchange Agent shall issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration such holder has a right to receive pursuant to this Article 2II.
Appears in 2 contracts
Samples: Merger Agreement (Brink's Home Security Holdings, Inc.), Merger Agreement (Tyco International LTD /Ber/)
Lost, Stolen or Destroyed Certificate. In the event any Certificate certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Certificate certificate to be lost, stolen or destroyed and, if requiredrequired by the Surviving Corporation, the posting by the holder such person of a bond in customary such amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to the Certificatesuch certificate, Parent will deliver, or cause to be delivered, from the Exchange Agent shall issue Fund, in exchange for such lost, stolen or destroyed Certificate certificate, the cash Merger Consideration such holder has a right to receive payable in respect thereof pursuant to this Article 2Section 2.3.
Appears in 1 contract
Samples: Merger Agreement (Microsemi Corp)