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.

Appears in 4 contracts

Samples: Merger Agreement (Falcon Financial Investment Trust), Merger Agreement (Istar Financial Inc), Merger Agreement (Istar Financial Inc)

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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.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Swi Holdings LLC), Agreement and Plan of Reorganization (Swi Holdings LLC)

Lost, Stolen or Destroyed Company Certificates. If In the event any certificates representing securities of the Company Certificate (“Company Securities”) shall have been lost, stolen or destroyed, upon the making of an affidavit of that such fact and indemnity by the person Person claiming such Company Certificate certificate to be lost, stolen or destroyed anddestroyed, if required by ParentSPAC shall issue, 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 exchange for such lost, stolen or destroyed Company Certificatecertificates, as the case may be, such securities as may be required pursuant to Section 1.6 and Section 1.7.

Appears in 1 contract

Samples: Business Combination Agreement (Athena Technology Acquisition Corp. II)

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.

Appears in 1 contract

Samples: Merger Agreement (Penn Virginia Corp)

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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.

Appears in 1 contract

Samples: Merger Agreement (Commerce Planet)

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