Common use of Mutilated or Missing Warrant Certificates Clause in Contracts

Mutilated or Missing Warrant Certificates. If any Warrant shall be mutilated, lost, stolen or destroyed the Warrant Agent shall deliver a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation of the mutilated Warrant Certificate or, in the case of a lost, stolen or destroyed Warrant Certificate, upon receipt of evidence satisfactory to the Company and the Warrant Agent of the loss, theft or destruction of such Warrant Certificate and, in either case, upon receipt of such indemnity as the Company and the Warrant Agent may reasonably require. Applicants for substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone.

Appears in 15 contracts

Samples: Warrant Agreement (Auxilium Pharmaceuticals Inc), Warrant Agreement (North American Scientific Inc), Warrant Agreement (North American Scientific Inc)

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Mutilated or Missing Warrant Certificates. If In the event that any Warrant Certificate shall be mutilated, lost, stolen or destroyed destroyed, Dura may in its discretion issue, and the Warrant Agent shall deliver may countersign and deliver, upon the request of the Holder of the Warrants evidenced by such Warrant Certificate, in exchange for and upon cancellation of any such mutilated Warrant Certificate, or in substitution for any such lost, stolen or destroyed Warrant Certificate, a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation evidencing the same number of the mutilated Warrant Certificate orShares as were evidenced by such mutilated, in the case of a lost, stolen or destroyed Warrant Certificate, but only upon receipt of evidence satisfactory to the Company and the Warrant Agent of the such loss, theft or destruction of such Warrant Certificate andand an indemnity, in either caseif requested, upon receipt of reasonably satisfactory to it. An applicant for such indemnity as the Company and the Warrant Agent may reasonably require. Applicants for substitute Warrant Certificates Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as Dura or the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the CompanyDura, whether or not the allegedly mutilated, lost, stolen, mutilated stolen or destroyed Warrant Certificate shall be enforceable by any person at any time enforceable by anyonethereafter.

Appears in 4 contracts

Samples: Warrant Agreement (Dura Pharmaceuticals Inc/Ca), Warrant Agreement (Dura Pharmaceuticals Inc/Ca), Warrant Agreement (Dura Pharmaceuticals Inc/Ca)

Mutilated or Missing Warrant Certificates. If any Warrant Certificate shall be mutilated, lost, stolen or destroyed destroyed, the Warrant Agent shall deliver a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation of the mutilated Warrant Certificate or, in the case of a lost, stolen or destroyed Warrant Certificate, upon receipt of evidence satisfactory to the Company and the Warrant Agent of the loss, theft or destruction of such Warrant Certificate and, in either case, upon receipt of such indemnity as the Company and or the Warrant Agent may reasonably require. Applicants for substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone.

Appears in 2 contracts

Samples: Warrant Agreement (Delta Financial Corp), Pledge Agreement (Delta Financial Corp)

Mutilated or Missing Warrant Certificates. If In case any of the Warrant Certificates shall be mutilated, lost, stolen or destroyed destroyed, the Company shall issue and the Warrant Agent shall deliver countersign, in exchange and substitution for and upon cancellation of the mutilated Warrant Certificate, or in lieu of and substitution for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation representing an equivalent number of the mutilated Warrant Certificate orWarrants, in the case of a lost, stolen or destroyed Warrant Certificate, but only upon receipt of evidence reasonably satisfactory to the Company and the Warrant Agent of the such loss, theft or destruction of such Warrant Certificate andand indemnity, in either caseif requested, upon receipt of such indemnity as also reasonably satisfactory to the Company and the Warrant Agent may reasonably requireAgent; provided that if the owner of the same is Lehman Brothers Inc. or any affiliate thereof or an institutional lexxxx xr investor, its own agreement of indemnity shall be deemed to be satisfactory. Applicants for substitute such new Warrant Certificates shall also comply with such other reasonable regulations and must pay such other reasonable charges as the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone.

Appears in 2 contracts

Samples: Warrant Agreement (Anc Rental Corp), Warrant Agreement (Anc Rental Corp)

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Mutilated or Missing Warrant Certificates. If any Warrant Certificate shall be mutilated, lost, stolen stolen, or destroyed destroyed, the Warrant Agent shall deliver a new Warrant Certificate of like tenor and denomination in exchange and substitution therefor upon surrender and cancellation of the mutilated Warrant Certificate or, in the case of a lost, stolen or destroyed Warrant Certificate, upon receipt of evidence satisfactory to the Company and the Warrant Agent of the loss, theft theft, or destruction of such Warrant Certificate and, in either case, upon receipt of such indemnity as the Company and the Warrant Agent may reasonably require. Applicants for substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Warrant Agent or the Company may prescribe. Any such new Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated mutilated, or destroyed Warrant Certificate shall be at any time enforceable by anyone.

Appears in 1 contract

Samples: Warrant Agreement

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