Lost Warrants or Stock Certificates. The Company represents and warrants to Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, or mutilation of any Warrant or 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 10 contracts
Samples: Subscription Agreement (Cardima Inc), Subscription Agreement (Cardima Inc), Subscription Agreement (Cardima Inc)
Lost Warrants or Stock Certificates. The Company represents and warrants covenants to Holder that the ------------------------------------ holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, destruction or mutilation of any 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 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 8 contracts
Samples: Warrant Agreement (Cytation Corp), Warrant Agreement (Cytation Corp), Warrant Agreement (Cytation Corp)
Lost Warrants or Stock Certificates. The Company represents and warrants covenants to Holder the holder hereof that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, or mutilation of any this Warrant or any stock certificate issued upon exercise hereof or in replacement thereafter and, in the case of any such loss, theft or destruction, upon receipt of an indemnity and, if requested, bond reasonably satisfactory to the CompanyCompany and without requiring any bond, 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 replacement 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 (Brightcove Inc), Warrant Agreement (Brightcove Inc), Warrant Agreement (Vocera Communications, Inc.)
Lost Warrants or Stock Certificates. The Company represents and warrants covenants to Holder that the --------------------------------------- holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, destruction or mutilation of any 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 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 5 contracts
Samples: Warrant Agreement (Cytation Corp), Warrant Agreement (Cytation Corp), Warrant Agreement (Deer Valley Corp)
Lost Warrants or Stock Certificates. The Company represents and warrants covenants to Holder that hereof that, upon receipt of evidence reasonably satisfactory to the Company (such as an affidavit of Holder) of the loss, theft, destruction, destruction or mutilation of any this 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 5 contracts
Samples: Common Stock Warrant (Exelixis Inc), Warrant Agreement (Exelixis Inc), Warrant Agreement (Exelixis Inc)
Lost Warrants or Stock Certificates. The Company represents and warrants to to, and agrees with, the Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, or mutilation of any Warrant or stock certificate and, in the case of any such loss, theft or destruction, upon receipt of an indemnity andindemnity, if requested, bond reasonably satisfactory to the Company, or, 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 (On Deck Capital Inc), Warrant Agreement (Sunshine Mining & Refining Co), Warrant Agreement (Mounger Corp)
Lost Warrants or Stock Certificates. The Company represents and warrants covenants to the ------------------------------------ Holder that hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, destruction or mutilation of any 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 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 3 contracts
Samples: Warrant Agreement (Taylor Madison Corp), Warrant Agreement (Taylor Madison Corp), Warrant Agreement (Taylor Madison Corp)
Lost Warrants or Stock Certificates. The Company represents and ----------------------------------- warrants to Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, or mutilation of any Warrant or 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 3 contracts
Samples: Stock and Warrant Purchase Agreement (Cardima Inc), Unit Purchase Agreement (Gensia Sicor Inc), Unit Purchase Agreement (Sicor Inc)
Lost Warrants or Stock Certificates. The Company represents and ----------------------------------- warrants to the Holder hereof that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, or mutilation of any Warrant or 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 3 contracts
Samples: Loan Agreement (Active Software Inc), Loan Agreement (Exodus Communications Inc), Loan Agreement (Verisign Inc/Ca)
Lost Warrants or Stock Certificates. The Company represents and ------------------------------------ warrants to the Holder hereof that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, or mutilation of any Warrant or 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 3 contracts
Samples: Patent License Agreement (Wavesplitter Technologies Inc), Patent License Agreement (Wavesplitter Technologies Inc), Patent License Agreement (Wavesplitter Technologies Inc)
Lost Warrants or Stock Certificates. The Company represents and warrants covenants to Holder that the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, destruction or mutilation of any this Warrant or any stock certificate representing any Shares 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 certificatecertificate representing any Shares, 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 Agreement (Medibuy Com Inc), Warrant Agreement (Medibuy Com Inc)
Lost Warrants or Stock Certificates. The Company represents and warrants to Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, destruction or mutilation of any Warrant or 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, 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 represents and warrants to the Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, or mutilation of any Warrant or 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 2 contracts
Samples: Warrant Purchase Agreement (Viacell Inc), Warrant Agreement (Mattel Inc /De/)
Lost Warrants or Stock Certificates. The Company represents and warrants to Holder that upon Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, or mutilation of any Warrant or stock certificate representing any Shares issued hereunder 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 2 contracts
Samples: Warrant Agreement (Tribune Co), Warrant Agreement (Tribune Co)
Lost Warrants or Stock Certificates. The Company represents and warrants covenants to Holder that ----------------------------------- the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, destruction or mutilation of any 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 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 2 contracts
Samples: Warrant Agreement (Graphix Zone Inc /De/), Warrant Agreement (Banyan Systems Inc)
Lost Warrants or Stock Certificates. The Company represents and warrants to Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, destruction or mutilation of any Warrant or stock certificate and, representing the Warrant Shares and in the case of any such loss, theft theft, destruction or destructionmutilation, upon receipt of an indemnity and, if requested, bond reasonably satisfactory to the Company, or, 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
Lost Warrants or Stock Certificates. The Company represents and warrants covenants to the Holder hereof that upon receipt of evidence reasonably reasonable satisfactory to the Company of the loss, theft, destruction, or mutilation of any 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 and, if requested, bond reasonably 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 shall make and deliver a new Warrant or stock certificate, of or like tenor, in lieu of the lost, stolen, destroyed destroy6d or mutilated Warrant or stock certificate.
Appears in 1 contract
Lost Warrants or Stock Certificates. The Company represents and warrants covenants to Holder that ------------------------------------ the holder hereof that, upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, destruction or mutilation of any 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 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 1 contract
Samples: Warrant Agreement (Video Update Inc)
Lost Warrants or Stock Certificates. The Company represents and warrants to Holder hereof that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, or mutilation of any Warrant or 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 certificatecertificate provided, however, that, if the Company’s stock is publicly traded, the Company may require the posting of a bond in an amount and nature as is customary and reasonable given the circumstances.
Appears in 1 contract
Samples: Loan and Security Agreement (Emphasys Medical, Inc.)
Lost Warrants or Stock Certificates. The Company represents and warrants to Holder that upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction, destruction or mutilation of any Warrant or stock certificate and, in the case of any such loss, theft or destruction, and if requested, upon receipt of an indemnity and, if requested, bond reasonably satisfactory to the Company, or, 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