Common use of Lost Warrants or Stock Certificates Clause in Contracts

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 275 contracts

Samples: Warrant Agreement (Ceribell, Inc.), Warrant Agreement (Ceribell, Inc.), Warrant Agreement (Ceribell, Inc.)

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Lost Warrants or Stock Certificates. The Company covenants to the holder hereof Holder that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 52 contracts

Samples: Loan and Security Agreement, Warrant Agreement (Northern Star Acquisition Corp.), Warrant Agreement (Peninsula Acquisition Corp)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an executed lost securities bond or indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 39 contracts

Samples: Note Purchase Agreement (Medical Solutions Management Inc.), Warrant Agreement (China Media Networks International Inc.), Warrant Agreement (Telzuit Medical Technologies, Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 28 contracts

Samples: Warrant Agreement (Muscle Maker, Inc.), Warrant Agreement (Biolargo, Inc.), Warrant Agreement (Biolargo, Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity agreement reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such mutilated Warrant or stock certificate, the Company will make issue and deliver a new Warrant warrant (containing the same terms as this Warrant) or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 20 contracts

Samples: Warrant Agreement (Searchlight Minerals Corp.), Warrant Agreement (Searchlight Minerals Corp.), Warrant Agreement (Searchlight Minerals Corp.)

Lost Warrants or Stock Certificates. The Company covenants to the ----------------------------------- holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 16 contracts

Samples: Note and Warrant Purchase Agreement (Concentric Network Corp), Loan Agreement (Pilot Network Services Inc), Loan and Security Agreement (Corsair Communications Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 15 contracts

Samples: Warrant Agreement (CVSL Inc.), Warrant Agreement (CVSL Inc.), Warrant Agreement (CVSL Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 12 contracts

Samples: Warrant Agreement (Ribogene Inc / Ca/), Loan and Security Agreement (Versata Inc), Warrant Agreement (Epix Medical Inc)

Lost Warrants or Stock Certificates. The Company covenants represents and warrants to the holder Holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this any Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company at its expense will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 12 contracts

Samples: Foreclosure Sale Agreement (MultiCell Technologies, Inc.), Loan and Security Agreement (Senorx Inc), Loan and Security Agreement (Oculus Innovative Sciences, Inc.)

Lost Warrants or Stock Certificates. The Company covenants represents and warrants to the holder hereof that, Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such this Warrant or any stock certificate, the Company at its expense will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 11 contracts

Samples: Exchange Agreement (Probe Manufacturing Inc), Exchange Agreement (Probe Manufacturing Inc), Exchange Agreement (Probe Manufacturing Inc)

Lost Warrants or Stock Certificates. The Company covenants represents and warrants to the holder hereof that, Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this any Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity and, if requested, bond reasonably satisfactory to the Company, or or, in the case of any such mutilation mutilation, upon surrender and cancellation of such Warrant or stock certificate, the Company at its expense will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 10 contracts

Samples: Subscription Agreement (Cardima Inc), Subscription Agreement (Cardima Inc), Subscription Agreement (Cardima Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof Holder that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate andthe Company will, in the case of any on such loss, theft terms as to indemnity or destruction, upon receipt of an indemnity otherwise as it may reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificateimpose, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 9 contracts

Samples: Warrant Agreement (Reliant Technologies Inc), Warrant Agreement (Reliant Technologies Inc), Warrant Agreement (Reliant Technologies Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, Investor that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 7 contracts

Samples: Exchange Agreement (First Mariner Bancorp), Exchange Agreement (First Mariner Bancorp), Exchange Agreement (PVF Capital Corp)

Lost Warrants or Stock Certificates. The Company covenants to the holder Holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant warrant or stock certificate, the Company will make and deliver a new Warrant warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant warrant or stock certificate.

Appears in 6 contracts

Samples: Merger Agreement (Ats Medical Inc), Common Stock and Warrant Purchase Agreement (Ats Medical Inc), Subordinated Credit Agreement (Ats Medical Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.. [Signature Page Follows]

Appears in 6 contracts

Samples: Warrant Agreement (Nuway Medical Inc), Warrant Agreement (Nuway Medical Inc), Warrant Agreement (Nuway Medical Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder Holders hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 6 contracts

Samples: Warrant Agreement (Kennedy Wilson Inc), Note Purchase Agreement (Kennedy Wilson Inc), Warrant Agreement (Kennedy Wilson Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof Holder that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an executed lost securities bond or indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 6 contracts

Samples: Guarantee Fee, Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.), Guarantee Fee, Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.), Securities Purchase Agreement (Medical Solutions Management Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.or

Appears in 4 contracts

Samples: Warrant Agreement (Aronex Pharmaceuticals Inc), Warrant Agreement (Aronex Pharmaceuticals Inc), Warrant Agreement (Aronex Pharmaceuticals Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of a security or an indemnity reasonably agreement satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such mutilated Warrant or stock certificate, the Company will make issue and deliver a new Warrant warrant (containing the same terms as this Warrant) or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 4 contracts

Samples: Warrant Agreement (Players Network), Warrant Agreement (Pacific Asia Petroleum Inc), Warrant Agreement (AE Biofuels, Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder Holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 4 contracts

Samples: Warrant Agreement (New Focus Inc), Warrant Agreement (New Focus Inc), Warrant Agreement (New Focus Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, and in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement, Warrant Agreement (Traqiq, Inc.), Common Stock Purchase Agreement

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, agrees that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this any Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company at its expense will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 4 contracts

Samples: Warrant Agreement (Beyond Air, Inc.), Warrant Agreement (Beyond Air, Inc.), Warrant Agreement (Beyond Air, Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof Holder that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock share certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock share certificate, the Company will make and deliver a new Warrant or stock share certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock shares certificate.

Appears in 4 contracts

Samples: Series a Preferred Share Purchase Agreement (Entera Bio Ltd.), Warrant Agreement (Entera Bio Ltd.), Warrant Agreement (Entera Bio Ltd.)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate for Shares and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 4 contracts

Samples: Common Stock and Warrant Agreement (Neoforma Com Inc), Common Stock and Warrant Agreement (Neoforma Com Inc), Common Stock and Warrant Agreement (Neoforma Com Inc)

Lost Warrants or Stock Certificates. The Company covenants to represents and warrants to, and agrees with, the holder hereof that, Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this any Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Companyindemnity, or in the case of any such mutilation mutilation, upon surrender and cancellation of such Warrant or stock certificate, the Company at its expense will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 4 contracts

Samples: Warrant Agreement (On Deck Capital Inc), Warrant Agreement (Sunshine Mining & Refining Co), Warrant Agreement (Marketaxess Holdings Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity agreement reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 3 contracts

Samples: Warrant Agreement (Argos Therapeutics Inc), Warrant Agreement (Argos Therapeutics Inc), Warrant Agreement (Icagen Inc)

Lost Warrants or Stock Certificates. The Company Corporation covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company Corporation of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the CompanyCorporation, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will Corporation shall make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 3 contracts

Samples: Warrant Agreement (Cityzenith Holdings, Inc.), Warrant Agreement (Butler International Inc /Md/), Warrant Agreement (Butler International Inc /Md/)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, and in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed destroyed, or mutilated Warrant or stock certificate.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Analogy Inc), Common Stock Purchase Warrant (Analogy Inc), Common Stock Purchase Warrant (Analogy Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder Holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate issuable hereunder and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 3 contracts

Samples: Referral Fee Agreement, Modification of Loan Documents (Textura Corp), Referral Fee Agreement (Textura Corp)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 3 contracts

Samples: Warrant Agreement (Virologic Inc), Warrant Agreement (Virologic Inc), Warrant Agreement (Virologic Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, Warrantholder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 3 contracts

Samples: Share Purchase Agreement (China Kanghui Holdings), Warrant Agreement (Edison Schools Inc), Warrant Purchase Agreement (Edison Schools Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or Warrantor stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 3 contracts

Samples: Warrant Agreement (Comscore, Inc.), Warrant Agreement (Comscore, Inc.), Warrant Agreement (Comscore, Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the CompanyCompany and its transfer agent, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificateWarrant, the Company will make and deliver a new Warrant or stock certificateWarrant, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificateWarrant.

Appears in 3 contracts

Samples: Warrant Agreement (Detto), Warrant Agreement (Webvan Group Inc), Warrant Agreement (Webvan Group Inc)

Lost Warrants or Stock Certificates. The Company covenants to the ----------------------------------- holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Warrant Agreement (Corsair Communications Inc), Loan and Security Agreement (Corsair Communications Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant warrant or stock certificate, the Company will make and deliver a new Warrant warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant warrant or stock certificate.

Appears in 2 contracts

Samples: Warrant Agreement (Sunesis Pharmaceuticals Inc), Warrant Agreement (Sunesis Pharmaceuticals Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation mutilation, upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Warrant Agreement (Zapme Corp), Warrant Agreement (Zapme Corp)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate issued upon exercise thereof and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will shall make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Digital Lightwave Inc), Warrant Agreement (Skydesk Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this any Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will shall at its expense make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Cosine Communications Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate issued upon exercise thereof and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will shall make and deliver a new Warrant or stock certificate, of like tenor, certificate in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Warrant Agreement (Compuprint Inc), Warrant Agreement (Compuprint Inc)

Lost Warrants or Stock Certificates. The Company covenants represents and warrants to the holder hereof that, Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this any Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity and, if requested, bond reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company at its expense will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Warrant Purchase Agreement (Viacell Inc), Warrant Agreement (Mattel Inc /De/)

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Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Warrant Agreement (Vallon Pharmaceuticals, Inc.), Warrant Agreement (Nexx Systems Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof Holder that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Warrant Agreement (Pure Bioscience, Inc.), Warrant Agreement (Pure Bioscience, Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Warrant Agreement (Tessera Technologies Inc), Warrant Agreement (Tessera Technologies Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof thatwill, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Warrant Agreement (Global Election Systems Inc), Warrant Agreement (Global Election Systems Inc)

Lost Warrants or Stock Certificates. The Company covenants represents and warrants to the holder hereof that, Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this any Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity and, if requested, bond reasonably satisfactory to the Company, or in the case of any such mutilation mutilation, upon surrender and cancellation of such Warrant or stock certificate, the Company at its expense will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Development and Supply Agreement (Wilshire Technologies Inc), Lease Agreement (Wilshire Technologies Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder Holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 2 contracts

Samples: Warrant Agreement (Authentec Inc), Warrant Agreement (Atheros Communications Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.the

Appears in 1 contract

Samples: Warrant Agreement (Shaman Pharmaceuticals Inc)

Lost Warrants or Stock Certificates. The Company covenants represents and warrants to the holder Holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this any Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company at its expense will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Loan and Security Agreement (MeetMe, Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or Warrantor stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Warrant Agreement (Exelixis Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon that Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Warrant Agreement (Ribogene Inc / Ca/)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation mutilation, upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Warrant Agreement (Zapme Corp)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Settlement & Release Agreement (Artistdirect Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in In lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Warrant Agreement (Tanox Inc)

Lost Warrants or Stock Certificates. The Company covenants represents and warrants to the holder hereof that, Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this any Warrant or any stock certificate and, in the case of any such loss, theft or destruction, and if requested, upon receipt of an indemnity bond reasonably satisfactory to the Company, or in the case of any such mutilation mutilation, upon surrender and cancellation of such Warrant or stock certificate, the Company at its expense will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Unit Option Agreement (AngioGenex, Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder Holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the CompanyCompany and its transfer agent, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificateWarrant, the Company will make and deliver a new Warrant or stock certificateWarrant, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificateWarrant.

Appears in 1 contract

Samples: Warrant Agreement (Dyneco Corp)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company and its transfer agent of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Warrant Agreement (Integrated Packaging Assembly Corp)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or of destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Warrant Agreement (Egenera, Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Warrant Agreement (Tessera Technologies Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver at the holders expense, if any, a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Warrant Agreement (Nanogen Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any certificate (stock certificate or otherwise) and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Warrant Agreement (ORBCOMM Inc.)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably reasonable satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate certificates and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably reasonable satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Subscription Agreement (PHC Inc /Ma/)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant or any stock certificate issued upon exercise hereof and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.,

Appears in 1 contract

Samples: Warrant Purchase Agreement (Venturi Technologies Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.stock

Appears in 1 contract

Samples: Warrant Agreement (Exelixis Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the this case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Warrant Agreement (Exelixis Inc)

Lost Warrants or Stock Certificates. The Company covenants to the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an affidavit and indemnity agreement reasonably satisfactory to the Company, or in the case of any such mutilation upon surrender and cancellation of such Warrant or stock certificate, the Company will make and deliver a new Warrant or stock certificate, of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant or stock certificate.

Appears in 1 contract

Samples: Warrant Agreement (NxStage Medical, Inc.)

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