Common use of Mutilated or Missing Warrant Certificate Clause in Contracts

Mutilated or Missing Warrant Certificate. If a Warrant Certificate shall be mutilated, lost, stolen or destroyed, the Company or the Warrant Agent will, upon request by the registered Holder of such Warrant Certificate, issue to such Holder, in exchange for and upon cancellation of the mutilated Warrant Certificate, or in substitution for the lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate, in substantially the form of the replaced Warrant Certificate, of like tenor and representing the equivalent number of Warrants, but, in the case of loss, theft or destruction, only upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of the Warrant Certificate and, if requested by the Company or the Warrant Agent, a written agreement of indemnity and/or a surety bond from the Holder satisfactory to the Company.

Appears in 2 contracts

Samples: Series C Warrant Agreement (Tokheim Corp), Series B Warrant Agreement (Tokheim Corp)

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Mutilated or Missing Warrant Certificate. If a this Warrant Certificate shall be mutilated, lost, stolen or destroyed, the Company or the Warrant Agent will, upon request by the registered Holder holder of such Warrant Certificate, issue to such Holderthe Warrants the Company will issue, in exchange for and upon cancellation of the mutilated Warrant Certificate, or in substitution for the lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate, in substantially the form of the replaced this Warrant Certificate, of like tenor and representing the equivalent number of Warrants, but, in the case of loss, theft or destruction, only upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of the this Warrant Certificate and, if requested by the Company or the Warrant AgentCompany, a written agreement of indemnity and/or a surety bond from the Holder also satisfactory to the Companyit.

Appears in 2 contracts

Samples: Registration Rights Agreement (Emerging Vision Inc), Registration Rights Agreement (Emerging Vision Inc)

Mutilated or Missing Warrant Certificate. If a this Warrant ---------------------------------------- Certificate shall be mutilated, lost, stolen or destroyed, the Company or the Warrant Agent will, upon request by the registered Holder of such this Warrant Certificate, issue to such Holderissue, in exchange for and upon cancellation of the mutilated Warrant Certificate, or in substitution for the lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate, in substantially the form of the replaced this Warrant Certificate, of like tenor and representing the equivalent number of Warrants, but, in the case of loss, theft or destruction, only upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of the this Warrant Certificate and, if requested by the Company or the Warrant AgentCompany, a written agreement of indemnity and/or a surety bond from the Holder satisfactory to the CompanyCompany or a lost certificate bond.

Appears in 2 contracts

Samples: Warrant and Registration Rights Agreement (Apw LTD), Warrant and Registration Rights Agreement (Apw LTD)

Mutilated or Missing Warrant Certificate. If a this Warrant Certificate ---------------------------------------- shall be mutilated, lost, stolen or destroyed, the Company or the Warrant Agent will, upon request by the registered Holder holder of such Warrant Certificatethe Warrants, issue to such Holderthe Company shall issue, in exchange for and upon cancellation of the mutilated Warrant Certificate, or in substitution for the lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate, in substantially the form of the replaced this Warrant Certificate, of like tenor and representing the equivalent number of Warrants, but, in the case of loss, theft or destruction, only upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of the this Warrant Certificate and, if requested by the Company or the Warrant AgentCompany, a written agreement of indemnity and/or a surety bond from the Holder also satisfactory to the Companyit.

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (Leslies Poolmart)

Mutilated or Missing Warrant Certificate. If a Warrant Certificate shall be mutilated, lost, stolen or destroyed, the Company or the Warrant Agent will, upon request by the registered Holder of such Warrant Certificate, issue to such Holder, in exchange for and upon cancellation of the mutilated Warrant Certificate, or in substitution for the lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate, in substantially the form of the replaced Warrant Certificate, of like tenor and representing the equivalent number of Warrants, but, in the case of loss, theft or destruction, only upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of the Warrant Certificate and, if requested by the Company or the Warrant AgentCompany, a written agreement of indemnity and/or a surety bond from the Holder satisfactory to the Company.

Appears in 1 contract

Samples: Warrant Agreement (Metal Management Inc)

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Mutilated or Missing Warrant Certificate. If a Warrant Certificate shall be mutilated, lost, stolen or destroyed, the Company or the Warrant Agent will, upon request by the registered Holder of such Warrant Certificate, promptly issue to such Holder, in exchange for and upon cancellation of the mutilated Warrant Certificate, or in substitution for the lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate, in substantially the form of the replaced Warrant Certificate, of like tenor and representing the equivalent number of Warrants, but, in the case of loss, theft or destruction, only upon receipt of an affidavit of loss or other evidence reasonably satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of the Warrant Certificate and, if requested by the Company or the Warrant AgentCompany, a written agreement of indemnity and/or a surety bond from the Holder reasonably satisfactory to the Company.

Appears in 1 contract

Samples: Series a Warrant Agreement (Tokheim Corp)

Mutilated or Missing Warrant Certificate. If a this Warrant Certificate shall be mutilated, lost, stolen or destroyed, the Company or the Warrant Agent will, upon request by the registered Holder holder of such Warrant Certificatethe Warrants, issue to such Holderthe Company will issue, in exchange for and upon cancellation of the mutilated Warrant Certificate, or in substitution for the lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate, in substantially the same form of the replaced as this Warrant Certificate, of like tenor and representing the equivalent number of Warrants, but, in the case of loss, theft or destruction, only upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of the this Warrant Certificate and, if requested by the Company or the Warrant AgentCompany, a written agreement of an indemnity and/or a surety bond from the Holder also satisfactory to the Companyit.

Appears in 1 contract

Samples: Loan Agreement (Emerging Vision Inc)

Mutilated or Missing Warrant Certificate. If a this Warrant ---------------------------------------- Certificate shall be mutilated, lost, stolen or destroyed, the Company or the Warrant Agent will, upon request by b y the registered Holder of such this Warrant Certificate, issue to such Holderissue, in exchange for and upon cancellation of the mutilated Warrant Certificate, or in substitution for the lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate, in substantially the form of the replaced this Warrant Certificate, of like tenor and representing the equivalent number of Warrants, but, in the case of loss, theft or destruction, only upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of the this Warrant Certificate and, if requested by the Company or the Warrant AgentCompany, a written agreement of indemnity and/or a surety bond from the Holder satisfactory to the CompanyCompany or a lost certificate bond.

Appears in 1 contract

Samples: Warrant and Registration Rights Agreement (Apw LTD)

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