Common use of Lost, Stolen or Destroyed Company Certificates Clause in Contracts

Lost, Stolen or Destroyed Company Certificates. If any Company Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Parent, the posting by such person of a bond or other surety in such amount as Parent may direct, as indemnity against any claim that may be made with respect to such Company Certificate, and subject to such other reasonable conditions as Parent may impose, the Paying Agent shall deliver the Offer Price pursuant to Section 3.1 in respect of the Shares evidenced by such lost, stolen or destroyed Company Certificate.

Lost, Stolen or Destroyed Company Certificates. If any Company Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of to that fact effect by the person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Parent, Stockholder and the posting by such person of a bond or other surety in such amount as Parent may direct, reasonably direct as indemnity against any claim that may be made against it with respect to such Company Certificate, and subject to such other reasonable conditions as Parent may impose, the Paying Agent shall deliver the Offer Price pursuant to Section 3.1 will issue in respect of the Shares evidenced by exchange for such lost, stolen or destroyed Company CertificateCertificate the Merger Shares and cash in lieu of fractional shares deliverable in respect thereof pursuant to this Agreement.

Lost, Stolen or Destroyed Company Certificates. If In the event that any Company Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Parent, the posting by such person of a bond or other surety in such amount as Parent may direct, as indemnity and indemnifying Buyer against any claim that may be made against it with respect to such Company Certificatesuch, and subject to such other reasonable conditions as Parent may impose, the Paying Agent shall deliver the Offer Price pursuant to Section 3.1 Buyer will issue in respect of the Shares evidenced by exchange for such lost, stolen or destroyed Company CertificateCertificate the amount of Merger Consideration as provided in Section 2.6(a) hereof.

Lost, Stolen or Destroyed Company Certificates. If any Company Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of to that fact effect by the person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Parent, a Stockholder and the posting by such person of a bond or other surety in such amount as Parent Alloy may direct, reasonably direct as indemnity against any claim that may be made against it with respect to such Company Certificate, and subject to such other reasonable conditions as Parent may impose, the Paying Agent shall deliver the Offer Price pursuant to Section 3.1 Alloy will issue in respect of the Shares evidenced by exchange for such lost, stolen or destroyed Company CertificateCertificate the Merger Shares, Warrants, cash payments and cash in lieu of fractional shares deliverable in respect thereof pursuant to this Agreement.

Lost, Stolen or Destroyed Company Certificates. If any Company ---------------------------------------------- Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of to that fact effect by the person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Parent, Stockholder and the posting by such person of a bond or other surety in such amount as Parent may direct, reasonably direct as indemnity against any claim that may be made against it with respect to such Company Certificate, and subject to such other reasonable conditions as Parent may impose, the Paying Agent shall deliver the Offer Price pursuant to Section 3.1 will issue in respect of the Shares evidenced by exchange for such lost, stolen or destroyed Company CertificateCertificate the Merger Shares and cash in lieu of fractional shares deliverable in respect thereof pursuant to this Agreement.

Lost, Stolen or Destroyed Company Certificates. If any Company Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Parent, the posting agreement by such person of a bond or other surety in such amount as Person to indemnify Parent may direct, as indemnity and the Surviving Corporation against any claim that may be made against it with respect to such Company Certificate, and subject Parent shall pay to such other reasonable conditions as Parent may imposeholder, the Paying Agent shall deliver the Offer Price pursuant to Section 3.1 in respect of the Shares evidenced by exchange for such lost, stolen or destroyed Company CertificateCertificate the Merger Consideration deliverable with respect thereto pursuant to this Agreement.