Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant (as to which a written certification and the indemnification contemplated below (each a “Lost Warrant Affidavit”) shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form, and reasonably acceptable to the Company, and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 3 contracts
Samples: Warrant Agreement (Energous Corp), Warrant Agreement (Energous Corp), Warrant Agreement (DvineWave Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant (or the Book-Entry Warrant Certificate) (as to which a written certification and the indemnification contemplated below (each a “Lost Warrant Affidavit”) shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form, and reasonably acceptable to the Company, form (including posting a bond) and, in the case of mutilation, upon surrender and cancellation of this WarrantWarrant (or the Book-Entry Warrant Certificate ), the Company shall execute and deliver to the Holder a new Warrant (or Book-Entry Warrant Certificate) (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 3 contracts
Samples: Warrant Agency Agreement (Skyline Medical Inc.), Warrant Agency Agreement (Skyline Medical Inc.), Warrant Agency Agreement (Skyline Medical Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to it from the Company Holder of the loss, theft, destruction or mutilation of this Warrant (as to which a written certification and the indemnification contemplated below (each a “Lost Warrant Affidavit”) shall suffice as such evidence)Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary a lost certificate affidavit and reasonable form, an agreement and indemnity bond reasonably acceptable to the CompanyCompany to indemnify the Company against any claim that may be made against it on account of the alleged loss, theft or destruction of this Warrant and, in the case of mutilation, upon surrender and cancellation of this mutilated Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) of like tenor representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Pacific Mercantile Bancorp), Additional Series B Stock Purchase Agreement (Pacific Mercantile Bancorp)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant (or the Book-Entry Warrant Certificate) (as to which a written certification and the indemnification contemplated below (each a “Lost Warrant Affidavit”) shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form, and reasonably acceptable to the Company, form (including posting a bond) and, in the case of mutilation, upon surrender and cancellation of this WarrantWarrant (or the Book-Entry Warrant Certificate ), the Company shall execute and deliver to the Holder a new Warrant (or Book-Entry Warrant Certificate) (in accordance with Section 7(d8(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant (or the Book-Entry Warrant Certificate) (as to which a written certification and the indemnification contemplated below (each a “Lost Warrant Affidavit”) shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form, and reasonably acceptable to the Company, form (including posting a bond) and, in the case of mutilation, upon surrender and cancellation of this WarrantWarrant (or the Book-Entry Warrant Certificate ), the Company shall execute and deliver to the Holder a new Warrant (or Book-Entry Warrant Certificate) (in accordance with Section 7(d)) representing the right to purchase receive the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant (or the Book Entry Warrant Certificate) (as to which a written certification and the indemnification contemplated below (each a “Lost Warrant Affidavit”) shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form, and reasonably acceptable to the Company, form (including posting a bond) and, in the case of mutilation, upon surrender and cancellation of this WarrantWarrant (or the Book Entry Warrant Certificate), the Company shall execute and deliver to the Holder a new Warrant (or Book Entry Warrant Certificate) (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract