Common use of Mutilated, Destroyed, Lost and Stolen Warrant Certificates Clause in Contracts

Mutilated, Destroyed, Lost and Stolen Warrant Certificates. (a) If any mutilated Warrant Certificate is surrendered to the Warrant Agent, the Corporation shall execute, and the Warrant Agent shall countersign and deliver in exchange therefor, as provided in Section 1.02 or 1.03, as the case may be, a new Warrant Certificate of like tenor representing a like number of unexercised Warrants and bearing a number not contemporaneously outstanding. (b) If there shall be delivered by a Holder of a Warrant Certificate to the Corporation and the Warrant Agent (i) evidence to their satisfaction of the destruction, loss or theft of any Warrant Certificate, (ii) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, and (iii) funds sufficient to cover any cost or expense to the Corporation (including any fees charged by the Warrant Agent) relating to the issuance of a new Warrant Certificate, then, in the absence of notice to the Corporation or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Corporation shall execute, and the Warrant Agent shall countersign and deliver, as provided in Section 1.02 or 1.03, as the case may be, in lieu of any such destroyed, lost or stolen Warrant Certificate, a new Warrant Certificate of like tenor representing a like number of unexercised Warrants and bearing a number not contemporaneously outstanding. (c) If the Warrants evidenced by any such mutilated, destroyed, lost or stolen Warrant Certificate have been exercised, or have been or are about to be deemed to be exercised, the Corporation in its discretion may, instead of issuing a new Warrant Certificate, treat the same as if it had received written irrevocable notice of exercise in good form in respect thereof, as provided herein. (d) Upon the issuance of any new Warrant Certificate under this Section, the Corporation may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Warrant Agent) connected therewith. (e) Every new Warrant Certificate issued pursuant to this Section 1.05 in lieu of any mutilated, destroyed, lost or stolen Warrant Certificate shall constitute an original additional contractual obligation of the Corporation, whether or not the mutilated, destroyed, lost or stolen Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly issued hereunder. (f) The provisions of this Section 1.05 are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Warrant Certificates.

Mutilated, Destroyed, Lost and Stolen Warrant Certificates. If (a) If any mutilated Warrant Certificate is surrendered to the Warrant Agent, Agent or (b) the Corporation shall execute, Company and the Warrant Agent shall countersign and deliver in exchange therefor, as provided in Section 1.02 or 1.03, as the case may be, a new Warrant Certificate of like tenor representing a like number of unexercised Warrants and bearing a number not contemporaneously outstanding. (b) If there shall be delivered by a Holder of a Warrant Certificate to the Corporation and the Warrant Agent (i) receive evidence to their satisfaction of the destruction, loss or theft of any Warrant Certificate, (ii) and there is delivered to the Company and the Warrant Agent such security or appropriate affidavit of loss, applicable processing fee and a corporate bond of indemnity as may be required by them and satisfactory to them to save each of them and any agent of either of them harmless, and (iii) funds sufficient to cover any cost or expense to the Corporation (including any fees charged by the Warrant Agent) relating to the issuance of a new Warrant Certificate, then, in the absence of notice to the Corporation Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Corporation Company shall execute, execute and upon its written request the Warrant Agent shall countersign and deliver, as provided in Section 1.02 exchange for any such mutilated Warrant Certificate or 1.03, as the case may be, in lieu of any such destroyed, lost or stolen Warrant Certificate, a new Warrant Certificate of like tenor representing and for a like aggregate number of unexercised Warrants and bearing a number not contemporaneously outstanding. (c) If the Warrants evidenced by any such mutilated, destroyed, lost or stolen Warrant Certificate have been exercised, or have been or are about to be deemed to be exercised, the Corporation in its discretion may, instead of issuing a new Warrant Certificate, treat the same as if it had received written irrevocable notice of exercise in good form in respect thereof, as provided herein. (d) Warrants. Upon the issuance of any new Warrant Certificate under this SectionSection 12.4, the Corporation Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of the Warrant AgentAgent and of counsel to the Company) connected in connection therewith. (e) . Every new Warrant Certificate issued executed and delivered pursuant to this Section 1.05 12.4 in lieu of any mutilated, destroyed, lost or stolen Warrant Certificate shall constitute an original additional contractual obligation of the CorporationCompany, whether or not the mutilated, destroyed, lost or stolen Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates properly completed and duly issued executed and delivered hereunder. (f) . The provisions of this Section 1.05 12.4 are exclusive and shall preclude (to the extent lawful) all other rights and or remedies with respect to the replacement or payment of mutilated, destroyed, destroyed lost or stolen Warrant Certificates.

Mutilated, Destroyed, Lost and Stolen Warrant Certificates. If (a) If any mutilated Warrant Certificate is surrendered to the Warrant Agent, Agent or (b) the Corporation shall execute, Company and the Warrant Agent shall countersign and deliver in exchange therefor, as provided in Section 1.02 or 1.03, as the case may be, a new Warrant Certificate of like tenor representing a like number of unexercised Warrants and bearing a number not contemporaneously outstanding. (b) If there shall be delivered by a Holder of a Warrant Certificate to the Corporation and the Warrant Agent (i) receive evidence to their satisfaction of the destruction, loss or theft of any Warrant Certificate, (ii) and there is delivered to the Company and the Warrant Agent such security or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, and (iii) funds sufficient to cover any cost or expense to the Corporation (including any fees charged by the Warrant Agent) relating to the issuance of a new Warrant Certificate, then, in the absence of notice to the Corporation Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Corporation Company shall execute, execute and upon its written request the Warrant Agent shall countersign and deliver, as provided in Section 1.02 exchange for any such mutilated Warrant Certificate or 1.03, as the case may be, in lieu of any such destroyed, lost or stolen Warrant Certificate, a new Warrant Certificate of like tenor representing and for a like aggregate number of unexercised Warrants and bearing a number not contemporaneously outstanding. (c) If the Warrants evidenced by any such mutilated, destroyed, lost or stolen Warrant Certificate have been exercised, or have been or are about to be deemed to be exercised, the Corporation in its discretion may, instead of issuing a new Warrant Certificate, treat the same as if it had received written irrevocable notice of exercise in good form in respect thereof, as provided herein. (d) Warrants. Upon the issuance of any new Warrant Certificate under this SectionSection 18, the Corporation Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of the Warrant AgentAgent and of counsel to the Company) connected in connection therewith. (e) . Every new Warrant Certificate issued executed and delivered pursuant to this Section 1.05 18 in lieu of any mutilated, destroyed, lost or stolen Warrant Certificate shall constitute an original additional contractual obligation of the CorporationCompany, whether or not the mutilated, destroyed, lost or stolen Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Warrant Agreement equally and proportionately with any and all other Warrant Certificates duly issued executed and delivered hereunder. (f) . The provisions of this Section 1.05 18 are exclusive and shall preclude (to the extent lawful) all other rights and or remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Warrant Certificates.

Mutilated, Destroyed, Lost and Stolen Warrant Certificates. If (a) If ---------------------------------------------------------- any mutilated Warrant Certificate is surrendered to the Warrant Agent, Agent or (b) the Corporation shall execute, Company and the Warrant Agent shall countersign and deliver in exchange therefor, as provided in Section 1.02 or 1.03, as the case may be, a new Warrant Certificate of like tenor representing a like number of unexercised Warrants and bearing a number not contemporaneously outstanding. (b) If there shall be delivered by a Holder of a Warrant Certificate to the Corporation and the Warrant Agent (i) receive evidence to their satisfaction of the destruction, loss or theft of any Warrant Certificate, and there is delivered to the Company and the Warrant Agent (iiif a Person other than the Company) such security or indemnity as may be required by them to save each of them and any agent of either of them harmless, and (iii) funds sufficient to cover any cost or expense to the Corporation (including any fees charged by the Warrant Agent) relating to the issuance of a new Warrant Certificate, then, in the absence of notice to the Corporation Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Corporation Company shall execute, execute and upon its written request the Warrant Agent shall countersign and deliver, as provided in Section 1.02 exchange for any such mutilated Warrant Certificate or 1.03, as the case may be, in lieu of any such destroyed, lost or stolen Warrant Certificate, a new Warrant Certificate of like tenor representing and evidencing a like aggregate number of unexercised Warrants and bearing a number not contemporaneously outstanding. (c) If the Warrants evidenced by any such mutilated, destroyed, lost or stolen Warrant Certificate have been exercised, or have been or are about to be deemed to be exercised, the Corporation in its discretion may, instead of issuing a new Warrant Certificate, treat the same as if it had received written irrevocable notice of exercise in good form in respect thereof, as provided herein. (d) Warrants. Upon the issuance of any new Warrant Certificate under this SectionSection 10.4, the Corporation Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of the Warrant AgentAgent and of counsel to the Company) connected in connection therewith. (e) . Every new Warrant Certificate issued executed and delivered pursuant to this Section 1.05 10.4 in lieu of any mutilated, destroyed, lost or stolen Warrant Certificate shall constitute an original additional contractual obligation of the CorporationCompany, whether or not the mutilated, destroyed, lost or stolen Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly issued executed and delivered hereunder. (f) . The provisions of this Section 1.05 10.4 are exclusive and shall preclude (to the extent lawful) all other rights and or remedies with respect to the replacement or payment of mutilated, destroyed, lost lost, or stolen Warrant Certificates.

Mutilated, Destroyed, Lost and Stolen Warrant Certificates. If (a) If any mutilated Warrant Certificate is surrendered to the Warrant Agent, the Corporation shall execute, and the Warrant Agent shall countersign and deliver in exchange therefor, as provided in Section 1.02 Hydrogenics or 1.03, as the case may be, a new Warrant Certificate of like tenor representing a like number of unexercised Warrants and bearing a number not contemporaneously outstanding. (b) If there shall be delivered by a Holder of a Warrant Certificate to the Corporation and the Warrant Agent (i) Hydrogenics receives evidence to their its satisfaction of the destruction, loss or theft of any Warrant Certificate, (ii) and there is delivered to Hydrogenics such security or appropriate affidavit of loss, applicable processing fee and a corporate bond of indemnity as may be required by them it and satisfactory to it to save each of them and any agent of either of them it harmless, and (iii) funds sufficient to cover any cost or expense to the Corporation (including any fees charged by the Warrant Agent) relating to the issuance of a new Warrant Certificate, then, in the absence of notice to the Corporation or the Warrant Agent Hydrogenics that such Warrant Certificate has been acquired by a bona fide purchaser, the Corporation Hydrogenics shall execute, and the Warrant Agent shall countersign execute and deliver, as provided in Section 1.02 exchange for any such mutilated Warrant Certificate or 1.03, as the case may be, in lieu of any such destroyed, lost or stolen Warrant Certificate, a new Warrant Certificate of like tenor representing and for a like aggregate number of unexercised Warrants and bearing a number not contemporaneously outstanding. (c) If the Warrants evidenced by any such mutilated, destroyed, lost or stolen Warrant Certificate have been exercised, or have been or are about to be deemed to be exercised, the Corporation in its discretion may, instead of issuing a new Warrant Certificate, treat the same as if it had received written irrevocable notice of exercise in good form in respect thereof, as provided herein. (d) Warrants. Upon the issuance of any new Warrant Certificate under this SectionSection 9.1, the Corporation Hydrogenics may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses of the Warrant AgentHydrogenics) connected in connection therewith. (e) . Every new Warrant Certificate issued executed and delivered pursuant to this Section 1.05 9.1 in lieu of any mutilated, destroyed, lost or stolen Warrant Certificate shall constitute an original additional contractual obligation of the Corporation, whether or not the mutilated, destroyed, lost or stolen Warrant Certificate shall be at any time enforceable by anyone, Hydrogenics and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates of like tenor properly completed and duly issued executed and delivered hereunder. (f) . The provisions of this Section 1.05 9.1 are exclusive and shall preclude (to the extent lawful) all other rights and or remedies with respect to the replacement or payment of mutilated, destroyed, destroyed lost or stolen Warrant Certificates. Following the time at which any such legend is no longer required for certain Warrants, Hydrogenics shall promptly, following the delivery by Holder of a legended certificate representing such Warrants, deliver or cause to be delivered to the Holder a certificate representing such Warrants that is free from such legend.

Mutilated, Destroyed, Lost and Stolen Warrant Certificates. If (a) If any mutilated Warrant Certificate is surrendered to the - Warrant Agent, Agent or (b) the Corporation shall execute, Company and the Warrant Agent shall countersign and deliver in exchange therefor, as provided in Section 1.02 or 1.03, as the case may be, a new Warrant Certificate of like tenor representing a like number of unexercised Warrants and bearing a number not contemporaneously outstanding. (b) If there shall be delivered by a Holder of a Warrant Certificate to the Corporation and the Warrant Agent (i) receive evidence to their - satisfaction of the destruction, loss or theft of any Warrant Certificate, (ii) and there is delivered to the Company and the Warrant Agent such security or indemnity as may be reasonably required by them to save each of them and any agent of either of them harmless, and (iii) funds sufficient to cover any cost or expense to the Corporation (including any fees charged by the Warrant Agent) relating to the issuance of a new Warrant Certificate, then, in the absence of notice to the Corporation Company or any officer in the corporate trust department of the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser, the Corporation Company shall execute, execute and upon its written request the Warrant Agent shall countersign and deliver, as provided in Section 1.02 exchange for any such mutilated Warrant Certificate or 1.03, as the case may be, in lieu of any such destroyed, lost or stolen Warrant Certificate, a new Warrant Certificate of like tenor representing and for a like aggregate number of unexercised Warrants and bearing a number not contemporaneously outstanding. (c) If the Warrants evidenced by any such mutilated, destroyed, lost or stolen Warrant Certificate have been exercised, or have been or are about to be deemed to be exercised, the Corporation in its discretion may, instead of issuing a new Warrant Certificate, treat the same as if it had received written irrevocable notice of exercise in good form in respect thereof, as provided herein. (d) warrants. Upon the issuance of any new Warrant Certificate under this SectionSection 9.04, the Corporation Company may require the payment by the Holder of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto to such issuance and any other expenses (including the reasonable fees and expenses of the Warrant Agent) connected therewith. (e) in connection with such issuance. Every new Warrant Certificate issued executed and delivered pursuant to this Section 1.05 9.04 in lieu of any mutilated, destroyed, lost or stolen Warrant Certificate shall constitute an original additional contractual obligation of the CorporationCompany, whether or not the mutilated, destroyed, lost or stolen Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly issued hereunder. (f) executed and delivered under this Agreement. The provisions of this Section 1.05 9.04 are exclusive and shall preclude (to the extent lawful) all other rights and or remedies with respect to the replacement or payment of mutilated, destroyed, lost or stolen Warrant Certificates.