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: Cytation Corp, Cytation Corp, 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: Brightcove Inc, Brightcove Inc, 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: Cytation Corp, Cytation Corp, Cytation 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: Exelixis Inc, Exelixis Inc, 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: On Deck Capital Inc, Sunshine Mining & Refining Co, Mounger Corp
Lost Warrants or Stock Certificates. The Company represents and warrants covenants to 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 issuable 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 3 contracts
Samples: 2010 Referral Fee Agreement, Second Modification of Loan Documents (Textura Corp), 2010 Referral Fee Agreement (Textura 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: Taylor Madison Corp, Taylor Madison Corp, 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: Unit Purchase Agreement (Gensia Sicor Inc), Stock and Warrant Purchase Agreement (Cardima Inc), Unit Purchase Agreement (Sicor Inc)
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 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: Paradigm Genetics Inc, Paradigm Genetics Inc, Paradigm Genetics 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 (Verisign Inc/Ca), Loan Agreement (Exodus Communications 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: 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 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 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 Holder’s expense 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 2 contracts
Samples: Voting Agreement (Cuentas Inc.), Voting Agreement (Cuentas 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: Medibuy Com Inc, Medibuy Com 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), Mattel Inc /De/
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: Lease Agreement (Wilshire Technologies Inc), Development and Supply Agreement (Wilshire 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 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: Graphix Zone Inc /De/, Banyan Systems Inc
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 1 contract
Samples: Tribune Co
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
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 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 or 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 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 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 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: Nanogen 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 1 contract
Samples: Warrant Agreement (Video Update 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
Samples: Series B Convertible Preferred Stock Purchase Agreement (Sedona Corp)