Common use of Mutilated or Missing Warrant Certificates Clause in Contracts

Mutilated or Missing Warrant Certificates. Upon receipt by the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Warrant Certificate is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of may countersign and deliver, in exchange and substitution for the ownership of and mutilated Warrant Certificate, or in replacement for the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond lost, stolen or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessdestroyed, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal equivalent number of Warrants to such Holder; providedWarrants, that bearing an identification number not contemporaneously outstanding, but only (in the case of mutilationloss, no bond theft or indemnity shall be required if destruction) upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of such Warrant Certificate in identifiable form is surrendered and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case any such mutilated, lost, stolen or destroyed Warrant Certificate has been or is about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable Exercise Notice (as defined herein) in proper form in respect thereof, as provided herein, or as being subject to automatic exercise, as the case may be. (c) Each new Warrant Certificate issued pursuant to this Section 1.05 in lieu of any lost, stolen or destroyed Warrant Certificate shall be an original, additional contractual obligation of the Company, and shall be entitled to the same benefits under this Agreement as the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 81.05, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 1.05 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon (a) If any Warrant Certificate evidencing Universal Warrants of any series is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent may countersign and deliver, in exchange and substitution for the mutilated Warrant Certificate, or in replacement for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate representing an equivalent number of unexercised Universal Warrants of the same series and of like tenor, bearing an identification number, if applicable, not contemporaneously outstanding, but only (in case of loss, theft or destruction) upon receipt by of evidence satisfactory to the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the such loss, theft, theft or destruction or mutilation of such Holder’s Warrant Certificate and a surety bond security or indemnity reasonably indemnity, if requested, also satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that them. Applicants for such substitute Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute shall also comply with such other reasonable regulations and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to pay such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case the Universal Warrants evidenced by any such mutilated, lost, stolen or destroyed Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, and subject to the conditions set forth in clause 1.06(a) above, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable exercise notice in proper form in respect thereof, as established with respect to the Universal Warrants of such series. (c) The Universal Warrants evidenced by each new Warrant Certificate issued pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall be original, additional contractual obligations of the Company, and shall be entitled to the same benefits under this Agreement as the Universal Warrants evidenced by the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 8Section, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Warrant Certificate is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of may countersign and deliver, in exchange and substitution for the ownership of and mutilated Warrant Certificate, or in replacement for the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond lost, stolen or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessdestroyed, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal equivalent number of Warrants to such Holder; providedWarrants, that bearing an identification number not contemporaneously outstanding, but only (in the case of mutilationloss, no bond theft or indemnity shall be required if destruction) upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of such Warrant Certificate in identifiable form is surrendered and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case any such mutilated, lost, stolen or destroyed Warrant Certificate has been or is about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable Exercise Notice (as defined herein) in proper form in respect thereof, as provided herein, or as being subject to automatic exercise, as the case may be. (c) Each new Warrant Certificate issued pursuant to this Section 1.5 in lieu of any lost, stolen or destroyed Warrant Certificate shall be an original, additional contractual obligation of the Company, and shall be entitled to the same benefits under this Agreement as the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 81.5, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 1.5 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them them, together with such additional documentation that the Company and holding the Warrant Agent and Company harmlessmay require, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; provided, that provided in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 89, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 9 in lieu of any lost, stolen, stolen or destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. The provisions of this Section 8 9 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by If any Warrant at any time is mutilated, defaced, lost, destroyed or stolen, then on the terms set forth in this Warrant Agreement, such Warrant may be replaced with a new Warrant, of like date and tenor and representing an equivalent number of Warrants, at the cost of the applicant (including legal fees of the Company) at the office of the Warrant Agent. The applicant for a new Warrant shall, in the case of any mutilated or defaced Warrant, surrender such Warrant to the Warrant Agent and, in the case of any lost, destroyed or stolen Warrant, furnish evidence satisfactory to the Company and the Warrant Agent from any Holder of such loss, destruction or theft, and, in each case, furnish evidence reasonably satisfactory to them the Company of the ownership and authenticity of the Warrant together with such indemnity and the losssecurity, theft, destruction or mutilation of such Holder’s Warrant Certificate and a which shall include an open penalty surety bond or indemnity reasonably satisfactory to them the Warrant Agent and holding the Warrant Agent and the Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired as required by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a Agent. Any such new Warrant Certificate of like tenor and representing shall constitute an equal number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses original contractual obligation of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The An applicant for such a substitute Warrant Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive with respect to the substitution for lost, stolen, mutilated or destroyed Warrant Certificates, and shall preclude (to the extent lawful) any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the substitution for and replacement of lost, stolen, destroyed negotiable instruments or mutilated Warrant Certificatesother securities without their surrender.

Mutilated or Missing Warrant Certificates. Upon receipt by the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such HolderXxxxxx’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by If any Warrant at any time is mutilated, defaced, lost, destroyed or stolen, then on the Company and terms set forth in this Warrant Agreement, such Warrant may be replaced at the cost of the applicant (including legal fees of the Company) at the office of the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof Agent. The applicant for a new Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; providedshall, that in the case of mutilationany mutilated or defaced Warrant Agent, no bond or indemnity shall be required if surrender such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon and, in the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu case of any lost, stolen, destroyed or mutilated stolen Warrant, furnish evidence satisfactory to the Company of such loss, destruction or theft, and, in each case, furnish evidence satisfactory to the Company of the ownership and authenticity of the Warrant together with such indemnity as the Company may require. Any such new Warrant Certificate shall be entitled to constitute an original contractual obligation of the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The An applicant for such a substitute Warrant Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive with respect to the substitution for lost, stolen, mutilated or destroyed Warrant Certificates, and shall preclude (to the extent lawful) any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the substitution for and replacement of lost, stolen, destroyed negotiable instruments or mutilated Warrant Certificatesother securities without their surrender.

Mutilated or Missing Warrant Certificates. Upon receipt by the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s If a mutilated Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to DIMAC Holdings, or if the Company Holder of a Warrant Certificate claims and submits an affidavit or other evidence satisfactory to DIMAC Holdings to the effect that the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any has been lost, stolen, destroyed or mutilated wrongfully taken, DIMAC Holdings shall issue a replacement Warrant Certificate. If required by DIMAC Holdings such Holder must provide an indemnity bond, or other form of indemnity, sufficient in the judgment of DIMAC Holdings to protect DIMAC Holdings from any loss which it may suffer if a Warrant Certificate shall be entitled to is replaced. If any Purchaser or any other institutional Holder (or nominee thereof) is the same benefits owner of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly such lost, stolen or destroyed Warrant Certificate, then the affidavit of an authorized officer of such owner, setting forth the fact of loss, theft or destruction and of its ownership of the Warrant Certificate at the time of such loss, theft or destruction shall be at any time enforceable by anyone. The provisions of this Section 8 are exclusive accepted as satisfactory evidence thereof and no further indemnity shall preclude (be required as a condition to the extent lawful) all execution and delivery of a new Warrant Certificate other rights than the unsecured written agreement of such owner to indemnify DIMAC Holdings or, at the option of such Purchaser or remedies with respect to other institutional Holder, an indemnity bond in the replacement amount of lost, stolen, destroyed or mutilated the Specified Value of the Warrant CertificatesShares for which such Warrant Certificate was exercisable.

Mutilated or Missing Warrant Certificates. Upon receipt by the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessthem, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; provided, that provided in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, stolen or destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s If a mutilated Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to QES, or if the Company Holder of a Warrant Certificate claims and submits an affidavit or other evidence satisfactory to QES to the effect that the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any has been lost, stolen, destroyed or mutilated wrongfully taken, QES shall issue a replacement Warrant Certificate. If required by QES such Holder must provide an indemnity bond, or other form of indemnity, sufficient in the judgment of QES to protect QES from any loss that it may suffer if a Warrant Certificate shall be entitled to is replaced. If any Purchaser or any other institutional Holder (or nominee thereof) is the same benefits owner of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly such lost, stolen or destroyed Warrant Certificate, then the affidavit of an authorized officer of such owner, setting forth the fact of loss, theft or destruction and of its ownership of the Warrant Certificate at the time of such loss, theft or destruction shall be at any time enforceable by anyone. The provisions of this Section 8 are exclusive accepted as satisfactory evidence thereof and no further indemnity shall preclude (be required as a condition to the extent lawful) all execution and delivery of a new Warrant Certificate other rights than the unsecured written agreement of such owner to indemnify QES or, at the option of such Purchaser or remedies with respect to other institutional Holder, provide an indemnity bond in the replacement amount of lost, stolen, destroyed or mutilated the Specified Value of the Warrant CertificatesShares for which such Warrant Certificate was exercisable.

Mutilated or Missing Warrant Certificates. Upon (a) If any Warrant Certificate evidencing Warrants of any series is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent may countersign and deliver, in exchange and substitution for the mutilated Warrant Certificate, or in replacement for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate representing an equivalent number of unexercised Warrants of the same series and of like tenor, bearing an identification number, if applicable, not contemporaneously outstanding, but only (in case of loss, theft or destruction) upon receipt by of evidence satisfactory to the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the such loss, theft, theft or destruction or mutilation of such Holder’s Warrant Certificate and a surety bond security or indemnity reasonably indemnity, if requested, also satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that them. Applicants for such substitute Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute shall also comply with such other reasonable regulations and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to pay such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case the Warrants evidenced by any such mutilated, lost, stolen or destroyed Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, and subject to the conditions set forth in clause 1.06(a) above, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable exercise notice in proper form in respect thereof, as established with respect to the Warrants of such series. (c) The Warrants evidenced by each new Warrant Certificate issued pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall be original, additional contractual obligations of the Company, and shall be entitled to the same benefits under this Agreement as the Warrants evidenced by the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 8Section, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Global Warrant Certificate is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent from any Holder of evidence reasonably satisfactory to them may countersign and deliver, in exchange and substitution for and upon cancellation of the ownership mutilated Global Warrant Certificate, or in lieu of and the loss, theft, destruction or mutilation of such Holder’s Global Warrant Certificate and a surety bond lost, stolen or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessdestroyed, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Global Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; providedunexercised Warrants, that bearing an identification number not contemporaneously outstanding, but only (in the case of mutilationloss, no bond theft or indemnity destruction) upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of such Global Warrant Certificate, written direction from the Company, and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Global Warrant Certificates shall be required if also comply with such Warrant Certificate in identifiable form is surrendered to other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case all of the Warrants evidenced by any such mutilated, lost, stolen or destroyed Global Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Global Warrant Certificate, direct the Warrant Agent in writing to treat the same as if it had received an Exercise Notice in proper form in respect thereof, as provided herein, or as being subject to automatic exercise (pursuant to Section 2.07 hereof) , as the case may be. (c) Each new Global Warrant Certificate issued pursuant to this Section 1.03 in lieu of any lost, stolen or destroyed Global Warrant Certificate shall be an original, additional contractual obligation of the Company, whether or not the lost, stolen or destroyed Global Warrant Certificate shall at any time be enforceable by anyone, and shall be entitled to the same benefits under this Agreement equally and proportionately with any and all other Global Warrant Certificates duly issued hereunder. (d) Upon the issuance of any new Global Warrant Certificate under in accordance with this Section 81.03, the Company may require the payment of a sum sufficient to cover any stamp 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 the reasonable fees of its counsel) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 1.03 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Global Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Warrant Certificate is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent from any Holder of evidence reasonably satisfactory to them may countersign and deliver, in exchange and substitution for and upon cancellation of the ownership mutilated Warrant Certificate, or in lieu of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond lost, stolen or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessdestroyed, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; providedunexercised Warrants, that bearing an identification number not contemporaneously outstanding, but only (in the case of mutilationloss, no bond theft or indemnity shall be required if destruction) upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of such Warrant Certificate in identifiable form is surrendered and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case any such mutilated, lost, stolen or destroyed Warrant Certificate has been or is about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, direct the Warrant Agent to treat the same as if it had received an Exercise Notice (as defined herein) in proper form in respect thereof, as provided herein, or as being subject to automatic exercise, as the case may be. (c) Each new Warrant Certificate issued pursuant to this Section 1.05 in lieu of any mutilated, lost, stolen or destroyed Warrant Certificate shall be an original, additional contractual obligation of the Company, whether or not, in the case of any lost, stolen or destroyed Warrant Certificate, such Warrant Certificate shall at any time be enforceable by anyone, and shall be entitled to the same benefits under this Agreement as the Warrant Certificate that was mutilated, lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 81.05, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 1.05 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Warrant Certificate evidencing Warrants of any series is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent from any Holder may countersign and deliver, in exchange and substitution for the mutilated Warrant Certificate, or in replacement for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate representing an equivalent number of evidence reasonably satisfactory to them unexercised Warrants of the ownership same series and of and the losslike tenor, theftbearing an identification number, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessif applicable, and not contemporaneously outstanding, but only (in case of mutilation loss, theft or destruction) upon surrender and cancellation thereof, and absent notice receipt of evidence satisfactory to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaserthe Company, the Company will execute Guarantor and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number such loss, theft or destruction of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case the Warrants evidenced by any such mutilated, lost, stolen or destroyed Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, and subject to the conditions set forth in clause ‎1.06(a) above, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable exercise notice in proper form in respect thereof, as established with respect to the Warrants of such series. (c) The Warrants evidenced by each new Warrant Certificate issued pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall be original, additional contractual obligations of the Company and the Guarantor, and shall be entitled to the same benefits under this Agreement as the Warrants evidenced by the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 8Section, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Global Warrant Certificate is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent from any Holder of evidence reasonably satisfactory to them may countersign and deliver, in exchange and substitution for and upon cancellation of the ownership mutilated Global Warrant Certificate, or in lieu of and the loss, theft, destruction or mutilation of such Holder’s Global Warrant Certificate and a surety bond lost, stolen or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessdestroyed, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Global Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; providedunexercised Warrants, that bearing an identification number not contemporaneously outstanding, but only (in the case of mutilationloss, no bond theft or indemnity destruction) upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of such Global Warrant Certificate, written direction from the Company, and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Global Warrant Certificates shall be required if also comply with such Warrant Certificate in identifiable form is surrendered to other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case all of the Warrants evidenced by any such mutilated, lost, stolen or destroyed Global Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Global Warrant Certificate, direct the Warrant Agent in writing to treat the same as if it had received an Exercise Notice in proper form in respect thereof, as provided herein, or as being subject to automatic exercise (pursuant to Section 2.06 hereof) , as the case may be. (c) Each new Global Warrant Certificate issued pursuant to this Section 1.03 in lieu of any lost, stolen or destroyed Global Warrant Certificate shall be an original, additional contractual obligation of the Company, whether or not the lost, stolen or destroyed Global Warrant Certificate shall at any time be enforceable by anyone, and shall be entitled to the same benefits under this Agreement equally and proportionately with any and all other Global Warrant Certificates duly issued hereunder. (d) Upon the issuance of any new Global Warrant Certificate under in accordance with this Section 81.03, the Company may require the payment of a sum sufficient to cover any stamp 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 the reasonable fees of its counsel) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 1.03 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Global Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by If any Warrant at any time is mutilated, defaced, lost, destroyed or stolen, then on the Company and terms set forth in this Warrant Agreement, such Warrant may be replaced at the cost of the applicant (including legal fees of the Company) at the office of the Warrant Agent. The applicant for a new Warrant shall, in the case of any mutilated or defaced Warrant, surrender such Warrant to the Warrant Agent from and, in the case of any Holder of lost, destroyed or stolen Warrant, furnish evidence reasonably satisfactory to them the Warrant Agent of such loss, destruction or theft, and, in each case (a) furnish evidence satisfactory to the Warrant Agent of the ownership and authenticity of the Warrant together with an affidavit and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a an open-penalty surety bond or indemnity reasonably satisfactory to them and holding as the Warrant Agent may require and Company harmless, (b) comply with such other reasonable regulations and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that pay such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and other reasonable charges as the Warrant Agent will countersign may prescribe and deliver as required by Section 8-405 of the Uniform Commercial Code as in lieu thereof a effect in the State of New York. Any such new Warrant Certificate of like tenor and representing shall constitute an equal number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses original contractual obligation of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The An applicant for such a substitute Warrant Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive with respect to the substitution for lost, stolen, mutilated or destroyed Warrant Certificates, and shall preclude (to the extent lawful) any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the substitution for and replacement of lost, stolen, destroyed negotiable instruments or mutilated Warrant Certificatesother securities without their surrender.

Mutilated or Missing Warrant Certificates. Upon If any Warrant Certificate is lost, stolen, mutilated or destroyed, the Company shall issue and the Warrant Agent shall countersign, in exchange and substitution for and upon cancellation of the mutilated Warrant Certificate, or in lieu of an substitution for the Warrant Certificate lost, stolen or destroyed, upon receipt by of a proper affidavit or other evidence satisfactory to the Company and the Warrant Agent from (and surrender of any Holder mutilated Warrant Certificate) and bond of evidence reasonably indemnity in form and amount and with corporate surety satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign in each instance protecting the Company and deliver in lieu thereof the Warrant Agent, a new Warrant Certificate of like tenor and representing an equal equivalent number of Warrants to such Holder; provided, that in as the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any so lost, stolen, destroyed mutilated or mutilated destroyed. Any such new Warrant Certificate shall be entitled to constitute an original contractual obligation of the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The An applicant for such a substitute Warrant Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive with respect to the substitution for lost, stolen, mutilated or destroyed Warrant Certificates, and shall preclude (to the extent lawful) any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the substitution for and replacement of lost, stolen, destroyed negotiable instruments or mutilated Warrant Certificatesother securities without their surrender.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Warrant Certificate evidencing Warrants of any series is mutilated, lost, stolen or destroyed, the Company Issuer may in its discretion execute, and the Warrant Agent from any Holder may countersign and deliver, in exchange and substitution for the mutilated Warrant Certificate, or in replacement for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate representing an equivalent number of evidence reasonably satisfactory to them unexercised Warrants of the ownership same series and of and the losslike tenor, theftbearing an identification number, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessif applicable, and not contemporaneously outstanding, but only (in case of mutilation loss, theft or destruction) upon surrender and cancellation thereof, and absent notice receipt of evidence satisfactory to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute Issuer and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number such loss, theft or destruction of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered and such security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company Issuer or the Warrant Agent for cancellation. may prescribe. (b) In case the Warrants evidenced by any such mutilated, lost, stolen or destroyed Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Issuer in its absolute discretion may, instead of issuing a new Warrant Certificate, and subject to the conditions set forth in clause 2.06(a) above, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable exercise notice in proper form in respect thereof, as established with respect to the Warrants of such series. (c) The Warrants evidenced by each new Warrant Certificate issued pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall be original, additional contractual obligations of the Issuer, and shall be entitled to the same benefits under this Agreement as the Warrants evidenced by the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 8Section, the Company Issuer may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Warrant Certificate is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent from any Holder of evidence reasonably satisfactory to them may countersign and deliver, in exchange and substitution for, and upon cancellation of, the mutilated Warrant Certificate, or in replacement of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond lost, stolen or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessdestroyed, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal equivalent number of Warrants to such Holder; providedWarrants, that bearing an identification number not contemporaneously outstanding, but only (in the case of mutilationloss, no bond theft or indemnity shall be required if destruction) upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of such Warrant Certificate in identifiable form is surrendered and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case any such mutilated, lost, stolen or destroyed Warrant Certificate has been or is about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable Exercise Notice (as defined herein) in proper form in respect thereof, as provided herein, or as being subject to automatic exercise, as the case may be. (c) Each new Warrant Certificate issued pursuant to this Section 1.05 in lieu of any lost, stolen or destroyed Warrant Certificate shall be an original, additional contractual obligation of the Company, and shall be entitled to the same benefits under this Agreement as the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 81.05, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 1.05 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon (a) If any Warrant Certificate evidencing Universal Warrants of any series is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent may countersign and deliver, in exchange and substitution for the mutilated Warrant Certificate, or in replacement for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate representing an equivalent number of unexercised Universal Warrants of the same series and of like tenor, bearing an identification number, if applicable, not contemporaneously outstanding, but only (in case of loss, theft or destruction) upon receipt by of evidence satisfactory to the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the such loss, theft, theft or destruction or mutilation of such Holder’s Warrant Certificate and a surety bond security or indemnity reasonably indemnity, if requested, also satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that them. Applicants for such substitute Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute shall also comply with such other reasonable regulations and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to pay such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case the Universal Warrants evidenced by any such mutilated, lost, stolen or destroyed Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, and subject to the conditions set forth in clause 1.6(a) above, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable exercise notice in proper form in respect thereof, as established with respect to the Universal Warrants of such series. (c) The Universal Warrants evidenced by each new Warrant Certificate issued pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall be original, additional contractual obligations of the Company, and shall be entitled to the same benefits under this Agreement as the Universal Warrants evidenced by the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 8Section, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Warrant Certificate evidencing Warrants of any series is mutilated, lost, stolen or destroyed, the Company Bank may in its discretion execute, and the Warrant Agent from any Holder may countersign and deliver, in exchange and substitution for the mutilated Warrant Certificate, or in replacement for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate representing an equivalent number of evidence reasonably satisfactory to them unexercised Warrants of the ownership same series and of and the losslike tenor, theftbearing an identification number, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessif applicable, and not contemporaneously outstanding, but only (in case of mutilation loss, theft or destruction) upon surrender and cancellation thereof, and absent notice receipt of evidence satisfactory to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute Bank and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number such loss, theft or destruction of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company Bank or the Warrant Agent for cancellation. may prescribe. (b) In case the Warrants evidenced by any such mutilated, lost, stolen or destroyed Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Bank in its absolute discretion may, instead of issuing a new Warrant Certificate, and subject to the conditions set forth in clause 1.06(a) above, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable exercise notice in proper form in respect thereof, as established with respect to the Warrants of such series. (c) The Warrants evidenced by each new Warrant Certificate issued pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall be original, additional contractual obligations of the Bank, and shall be entitled to the same benefits under this Agreement as the Warrants evidenced by the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 8Section, the Company Bank may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) the Company and the Warrant Agent from any Holder of receive evidence reasonably satisfactory to them their satisfaction of the ownership destruction, loss or theft of any Warrant Certificate, and there is delivered to the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate Company and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company (in the case of destruction, loss or theft) such security or indemnity as may be required by them to save each of them harmless, and then, in case the absence of mutilation upon surrender and cancellation thereof, and absent notice to the Company or the Warrant Agent that such Warrant Certificates have Certificate has been acquired by a bona fide purchaser, the Company will shall execute and the Warrant Agent will shall countersign and deliver deliver, in exchange for any such mutilated Warrant Certificate or in lieu thereof of any such destroyed, lost or stolen Warrant Certificate, a new Warrant Certificate of like tenor and representing an equal for a like aggregate number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellationWarrants. Upon the issuance of any new Warrant Certificate under this Section 8SECTION 6, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 SECTION 6 in lieu of any lostdestroyed, stolen, destroyed lost or mutilated stolen Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the destroyed, lost or stolen Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyoneCertificates duly executed and delivered hereunder. The provisions of this Section 8 SECTION 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lostmutilated, stolendestroyed, destroyed lost or mutilated stolen Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Global Warrant Certificate is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent from any Holder of evidence reasonably satisfactory to them may countersign and deliver, in exchange and substitution for and upon cancellation of the ownership mutilated Global Warrant Certificate, or in lieu of and the loss, theft, destruction or mutilation of such Holder’s Global Warrant Certificate and a surety bond lost, stolen or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessdestroyed, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Global Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; providedunexercised Warrants, that bearing an identification number not contemporaneously outstanding, but only (in the case of mutilationloss, no bond theft or indemnity destruction) upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of such Global Warrant Certificate, written direction from the Company, and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Global Warrant Certificates shall be required if also comply with such Warrant Certificate in identifiable form is surrendered to other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case all of the Warrants evidenced by any such mutilated, lost, stolen or destroyed Global Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Global Warrant Certificate, direct the Warrant Agent in writing to treat the same as if it had received an Exercise Notice in proper form in respect thereof, as provided herein, or as being subject to automatic exercise (pursuant to Section 2.08), as the case may be. (c) Each new Global Warrant Certificate issued pursuant to this Section 1.03 in lieu of any lost, stolen or destroyed Global Warrant Certificate shall be an original, additional contractual obligation of the Company, whether or not the lost, stolen or destroyed Global Warrant Certificate shall at any time be enforceable by anyone, and shall be entitled to the same benefits under this Agreement equally and proportionately with any and all other Global Warrant Certificates duly issued hereunder. (d) Upon the issuance of any new Global Warrant Certificate under in accordance with this Section 81.03, the Company may require the payment of a sum sufficient to cover any stamp 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 the reasonable fees of its counsel) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 1.03 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Global Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Global Warrant Certificate is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent from any Holder of evidence reasonably satisfactory to them may countersign and deliver, in exchange and substitution for and upon cancellation of the ownership mutilated Global Warrant Certificate, or in lieu of and the loss, theft, destruction or mutilation of such Holder’s Global Warrant Certificate and a surety bond lost, stolen or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessdestroyed, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Global Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; providedunexercised Warrants, that bearing an identification number not contemporaneously outstanding, but only (in the case of mutilationloss, no bond theft or indemnity destruction) upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of such Global Warrant Certificate, written direction from the Company, and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Global Warrant Certificates shall be required if also comply with such Warrant Certificate in identifiable form is surrendered to other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case all of the Warrants evidenced by any such mutilated, lost, stolen or destroyed Global Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Global Warrant Certificate, direct the Warrant Agent in writing to treat the same as if it had received an Exercise Notice in proper form in respect thereof, as provided herein, or as being subject to automatic exercise (pursuant to Section 2.05 hereof) , as the case may be. (c) Each new Global Warrant Certificate issued pursuant to this Section 1.03 in lieu of any lost, stolen or destroyed Global Warrant Certificate shall be an original, additional contractual obligation of the Company, whether or not the lost, stolen or destroyed Global Warrant Certificate shall at any time be enforceable by anyone, and shall be entitled to the same benefits under this Agreement equally and proportionately with any and all other Global Warrant Certificates duly issued hereunder. (d) Upon the issuance of any new Global Warrant Certificate under in accordance with this Section 81.03, the Company may require the payment of a sum sufficient to cover any stamp 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 the reasonable fees of its counsel) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 1.03 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Global Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon (a) If any Warrant Certificate evidencing Warrants of any series is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent, upon receipt by of an Issuer Order, may countersign and deliver, in exchange and substitution for and upon cancellation of the mutilated Warrant Certificate, or in replacement for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate representing an equivalent number of unexercised Warrants of the same series and of like tenor, bearing an identification number, if applicable, not contemporaneously outstanding, but only (in case of loss, theft or destruction) upon receipt of evidence satisfactory to the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the such loss, theft, theft or destruction or mutilation of such Holder’s Warrant Certificate and a surety bond security or indemnity reasonably indemnity, if requested, also satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that them. Applicants for such substitute Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute shall also comply with such other reasonable regulations and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to pay such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case the Warrants evidenced by any such mutilated, lost, stolen or destroyed Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, and subject to the conditions set forth in clause 1.06(a) above, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable exercise notice in proper form in respect thereof, as established with respect to the Warrants of such series. (c) The Warrants evidenced by each new Warrant Certificate issued pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall be an original, additional contractual obligations of the Company, and shall be entitled to the same benefits under this Agreement as the Warrants evidenced by the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 8Section, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessthem, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; provided, that provided in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Warrant Certificate is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of may countersign and deliver, in exchange and substitution for the ownership of and mutilated Warrant Certificate, or in replacement for the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond lost, stolen or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessdestroyed, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal equivalent number of Warrants to such Holder; providedWarrants, that bearing an identification number not contemporaneously outstanding, but only (in the case of mutilationloss, no bond theft or indemnity shall be required if destruction) upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of such Warrant Certificate in identifiable form is surrendered and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case any such mutilated, lost, stolen or destroyed Warrant Certificate has been or is about to be deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, direct the Warrant Agent to treat the same as being subject to automatic exercise. (c) Each new Warrant Certificate issued pursuant to this Section 1.07 in lieu of any lost, stolen or destroyed Warrant Certificate shall be an original, additional contractual obligation of the Company, and shall be entitled to the same benefits under this Agreement as the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 81.07, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 1.07 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by In the event that any Warrant Certificate shall be mutilated, lost, stolen or destroyed, the Company shall execute, and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will shall countersign and deliver in exchange and substitution for and upon cancellation of the mutilated Warrant Certificate, or in lieu thereof of and substitution for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate of like tenor and representing an equal a like number of Warrants to such Holder; providedWarrants, that but only, in the case of mutilationa lost, no bond stolen or indemnity shall be required if destroyed Warrant Certificate, upon receipt of evidence satisfactory to the Company and the Warrant Agent of such Warrant Certificate in identifiable form is surrendered loss, theft or destruction and the absence of notice to the Company or the Warrant Agent for cancellation. Upon the issuance of any new that such Warrant Certificate under this Section 8has been acquired by a bona fide purchaser or holder in due course. A Warrantholder applying for such substitute Warrant Certificate shall also comply with such other reasonable requests (including, without limitation, in the case of a lost, stolen or destroyed Warrant Certificate, a request to provide a letter of indemnification or an indemnity bond sufficient in the reasonable judgment of the Company may require the payment of a sum sufficient to cover any stamp 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 to protect the Company and the Warrant Agent from any loss that either of them may suffer if a Warrant Certificate is replaced) in connection therewithand pay such other reasonable charges as the Company or the Warrant Agent may reasonably prescribe. Every new substitute Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, stolen or destroyed or mutilated Warrant Certificate shall be entitled to constitute an additional contractual obligation of the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of (but shall be subject to all the limitations of rights set forth in) this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 8 are exclusive with respect to the replacement of mutilated, lost, stolen or destroyed Warrant Certificates and shall preclude (to the extent lawful) any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificatessecurities certificates.

Mutilated or Missing Warrant Certificates. Upon If any Warrant ----------------------------------------- Certificate is lost, stolen, mutilated or destroyed, the Company in its discretion may issue and the Warrant Agent may 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, upon receipt by of a proper affidavit or other evidence satisfactory to the Company and the Warrant Agent from (and surrender of any Holder mutilated Warrant Certificate) and bond of evidence reasonably indemnity in form and amount and with corporate surety satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign in each instance protecting the Company and deliver in lieu thereof the Warrant Agent, a new Warrant Certificate of like tenor and representing exercisable for an equal equivalent number of Warrants to such Holder; provided, that in Common Shares as the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any so lost, stolen, destroyed mutilated or mutilated destroyed. Any such new Warrant Certificate shall be entitled to constitute an original contractual obligation of the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time shall be enforceable by anyone. The An applicant for such a substitute Warrant Certificate also shall comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, mutilated or destroyed or mutilated Warrant Certificates, and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement of negotiable instruments or other securities without their surrender.

Mutilated or Missing Warrant Certificates. Upon receipt by If (a) any ----------------------------------------- mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) the Company and the Warrant Agent from any Holder of receive evidence reasonably satisfactory to them their satisfaction of the ownership destruction, loss or theft of any Warrant Certificate, and there is delivered to the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate Company and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company (in the case of destruction, loss or theft) such security or indemnity as may be required by them to save each of them harmless, and then, in case the absence of mutilation upon surrender and cancellation thereof, and absent notice to the Company or the Warrant Agent that such Warrant Certificates have Certificate has been acquired by a bona fide purchaser, the Company will shall execute and the Warrant Agent will shall countersign and deliver deliver, in exchange for any such mutilated Warrant Certificate or in lieu thereof of any such destroyed, lost or stolen Warrant Certificate, a new Warrant Certificate of like tenor and representing an equal for a like aggregate number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellationWarrants. Upon the issuance of any new Warrant Certificate under this Section 86, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 6 in lieu of any lostdestroyed, stolen, destroyed lost or mutilated stolen Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the destroyed, lost or stolen Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyoneCertificates duly executed and delivered hereunder. The provisions of this Section 8 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lostmutilated, stolendestroyed, destroyed lost or mutilated stolen Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Warrant at any time is mutilated, defaced, lost, destroyed or stolen, then on the Company and terms set forth in this Warrant Agreement, such Warrant may be replaced at the cost of the applicant (including legal fees of the Company) at the office of the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof Registrar. The applicant for a new Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; providedshall, that in the case of mutilationany mutilated or defaced Warrant, no bond or indemnity shall be required if surrender such Warrant Certificate in identifiable form is surrendered to the Company or Warrant Xxxxxxxxx and, in the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu case of any lost, stolen, destroyed or mutilated stolen Warrant, furnish evidence satisfactory to the Company of such loss, destruction or theft, and, in each case, furnish evidence satisfactory to the Company of the ownership and authenticity of the Warrant together with such indemnity as the Company may require. Any such new Warrant Certificate shall be entitled to constitute an original contractual obligation of the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The An applicant for such a substitute Warrant Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive with respect to the substitution for lost, stolen, mutilated or destroyed Warrant Certificates, and shall preclude (to the extent lawful) any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the substitution for and replacement of lostnegotiable instruments or other securities without their surrender. (b) Initially, stolenthe Warrant Agent will act as the Warrant Registrar and Warrants may be presented for registration of transfer and exchange at the offices of the Warrant Registrar with a written instruction of transfer in form satisfactory to the Warrant Registrar, destroyed duly executed by such Warrantholder or mutilated by such Warrantholder’s attorney, duly authorized in writing. Such Warrantholder will also provide a written certificate (substantially in the form of Exhibit B hereto) to the effect that such transfer will comply with the appropriate transfer restrictions applicable to such Warrants. The registered holder of a Warrant Certificateswill be treated as its owner for all purposes. The Warrant Agent shall be entitled to conclusively rely upon any such certification in connection with the transfer of a Warrant hereunder and shall have no responsibility to monitor or verify whether any such transfer complies with the requirements hereunder or otherwise complies with Securities Act.

Mutilated or Missing Warrant Certificates. Upon (a) If any Warrant Certificate evidencing Universal Warrants of any series is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent may countersign and deliver, in exchange and substitution for the mutilated Warrant Certificate, or in replacement for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate representing an equivalent number of unexercised Universal Warrants of the same series and of like tenor, bearing an identification number, if applicable, not contemporaneously outstanding, but only (in case of loss, theft or destruction) upon receipt by of evidence satisfactory to the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the such loss, theft, theft or destruction or mutilation of such Holder’s Warrant Certificate and a surety bond security or indemnity reasonably indemnity, if requested, also satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that them. Applicants for such substitute Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute shall also comply with such other reasonable regulations and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to pay such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case the Universal Warrants evidenced by any such mutilated, lost, stolen or destroyed Warrant Certificate have been or are about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, and subject to the conditions set forth in clause (a) above, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable exercise notice in proper form in respect thereof, as established with respect to the Universal Warrants of such series. (c) The Universal Warrants evidenced by each new Warrant Certificate issued pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall be original, additional contractual obligations of the Company, and shall be entitled to the same benefits under this Agreement as the Universal Warrants evidenced by the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 8Section, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of identical interest in Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 87, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 7 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. The provisions of this Section 8 7 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by the Company and the Warrant Agent from If any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond is lost, stolen, mutilated or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaserdestroyed, the Company will execute in its discretion may issue, in exchange and substitution for and upon cancellation of the mutilated Warrant Certificate, or in lieu of and substitution for the Warrant Agent will countersign Certificate lost, stolen or destroyed, upon receipt of a proper affidavit or other evidence satisfactory to the Company (and deliver surrender of any mutilated Warrant Certificate) and a bond of indemnity issued at the sole cost and expense of the Warrantholder, in lieu thereof form and amount and with corporate surety satisfactory to the Company, in each instance protecting the Company, a new Warrant Certificate of like tenor and representing exercisable for an equal equivalent number of Warrants to such Holder; provided, that in shares of Common Stock as the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any so lost, stolen, destroyed mutilated or mutilated destroyed. Any such new Warrant Certificate shall be entitled to constitute an original contractual obligation of the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time shall be enforceable by anyone. The An applicant for such a substitute Warrant Certificate also shall comply with such other reasonable regulations and pay such other reasonable charges as the Company may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, mutilated or destroyed Warrant Certificates, and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement of negotiable instruments or other securities without their surrender. For sake of clarity, the Company, FBR and the Warrantholders acknowledge that the foregoing is not intended to limit the Company from asserting any rights or remedies in respect of matters other than the requirements to be satisfied for the replacement of lost, stolen, mutilated or destroyed Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by If (a) any ----------------------------------------- mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) the Company and the Warrant Agent from any Holder of receive evidence reasonably satisfactory to them their satisfaction of the ownership destruction, loss or theft of any Warrant Certificate, and there is delivered to the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate Company and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company (in the case of destruction, loss or theft) such security or indemnity as may be required by them to save each of them harmless, and then, in case the absence of mutilation upon surrender and cancellation thereof, and absent notice to the Company or the Warrant Agent that such Warrant Certificates have Certificate has been acquired by a bona fide purchaser, the Company will shall execute and the Warrant Agent will shall countersign and deliver deliver, in exchange for any such mutilated Warrant Certificate or in lieu thereof of any such destroyed, lost or stolen Warrant Certificate, a new Warrant Certificate of like tenor and representing an equal for a like aggregate number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellationWarrants. Upon the issuance of any new Warrant Certificate under this Section 86, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 6 in lieu of any lostdestroyed, stolen, destroyed lost or mutilated stolen Warrant Certificate shall constitute an original contrac tual obligation of the Company, whether or not the destroyed, lost or stolen Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyoneCertificates duly executed and delivered hereunder. The provisions of this Section 8 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lostmutilated, stolendestroyed, destroyed lost or mutilated stolen Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon If any Warrant Certificate is lost, stolen, mutilated or destroyed, the Company may in its discretion issue and the Warrant Agent may 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, upon receipt by of a proper affidavit or other evidence satisfactory to the Company and the Warrant Agent from (and surrender of any Holder mutilated Warrant Certificate) and bond of evidence reasonably indemnity in form and amount and with corporate surety satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign in each instance protecting the Company and deliver in lieu thereof the Warrant Agent, a new Warrant Certificate of like tenor and representing an equal equivalent number of Warrants to such Holder; provided, that in as the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any so lost, stolen, destroyed mutilated or mutilated destroyed. Any such new Warrant Certificate shall be entitled to constitute an original contractual obligation of the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The An applicant for such a substitute Warrant Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all other rights or remedies exclusive, with respect to the replacement of lost, stolen, mutilated or destroyed or mutilated Warrant Certificates, and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement of negotiable instruments or other securities without their surrender.

Mutilated or Missing Warrant Certificates. Upon receipt If any Warrant Certificate at any time is mutilated, defaced, lost, destroyed or stolen, then on the terms set forth in this Warrant Agreement, such Warrant Certificate may be replaced with a new Warrant Certificate, of like date and tenor and representing the same number of Warrants, at the cost of the applicant (including legal fees of the Company) at the office of the Warrant Agent. The applicant for a new Warrant Certificate shall, in the case of any mutilated or defaced Warrant Certificate, surrender such Warrant Certificate to the Warrant Agent and, in the case of any lost, destroyed or stolen Warrant Certificate, furnish evidence satisfactory to the Company of such loss, destruction or theft, and, in each case, furnish evidence satisfactory to the Company of the ownership and authenticity of the Warrant together with such indemnity and security as required separately by the Company and the Warrant Agent from any Holder Agent. Such indemnity and security may include, inter alia, a corporate bond of evidence reasonably indemnity satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that Agent. Any such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing shall constitute an equal number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the reasonable fees and expenses original contractual obligation of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The An applicant for such a substitute Warrant Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive with respect to the substitution for lost, stolen, mutilated or destroyed Warrant Certificates, and shall preclude (to the extent lawful) any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the substitution for and replacement of lost, stolen, destroyed negotiable instruments or mutilated Warrant Certificatesother securities without their surrender.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Warrant Certificate is mutilated, lost, stolen or destroyed, the Company may in its discretion execute, and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of may countersign and deliver, in exchange and substitution for the ownership of and mutilated Warrant Certificate, or in replacement for the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond lost, stolen or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessdestroyed, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal equivalent number of Warrants to such Holder; providedWarrants, that bearing an identification number not contemporaneously outstanding, but only (in the case of mutilationloss, no bond theft or indemnity shall be required if destruction) upon receipt of evidence satisfactory to the Company and the Warrant Agent of such loss, theft or destruction of such Warrant Certificate in identifiable form is surrendered and security or indemnity, if requested, also satisfactory to them. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent for cancellation. may prescribe. (b) In case any such mutilated, lost, stolen or destroyed Warrant Certificate has been or is about to be exercised, or deemed to be exercised, the Company in its absolute discretion may, instead of issuing a new Warrant Certificate, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable Exercise Notice (as defined herein) in proper form in respect thereof, as provided herein, or as being subject to automatic exercise, as the case may be. (c) Each new Warrant Certificate issued pursuant to this Section 1.07 in lieu of any lost, stolen or destroyed Warrant Certificate shall be an original, additional contractual obligation of the Company, and shall be entitled to the same benefits under this Agreement as the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 81.07, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 1.07 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) the Company and the Warrant Agent from any Holder of receive evidence reasonably satisfactory to them their satisfaction of the ownership destruction, loss or theft of any Warrant Certificate, and there is delivered to the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate Company and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company (in the case of destruction, loss or theft) such security or indemnity as may be required by them to save each of them harmless, and then, in case the absence of mutilation upon surrender and cancellation thereof, and absent notice to the Company or the Warrant Agent that such Warrant Certificates have Certificate has been acquired by a bona fide purchaser, the Company will shall execute and the Warrant Agent will shall countersign and deliver deliver, in exchange for any such mutilated Warrant Certificate or in lieu thereof of any such destroyed, lost or stolen Warrant Certificate, a new Warrant Certificate of like tenor and representing an equal for a like aggregate number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellationWarrants. Upon the issuance of any new Warrant Certificate under this Section 86, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 6 in lieu of any lostdestroyed, stolen, destroyed lost or mutilated stolen Warrant Certificate shall constitute an original contractual obligation of the Company, whether or not the destroyed, lost or stolen Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyoneCertificates duly executed and delivered hereunder. The provisions of this Section 8 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lostmutilated, stolendestroyed, destroyed lost or mutilated stolen Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon If any Warrant Certificate is lost, stolen, mutilated or destroyed, the Company may in its discretion issue and the Warrant Agent may countersign, in exchange and substitution for and upon cancellation of the mutilated Warrant Certificate, or in lieu of an substitution for the Warrant Certificate lost, stolen or destroyed, upon receipt by of a proper affidavit or other evidence satisfactory to the Company and the Warrant Agent from (and surrender of any Holder mutilated Warrant Certificate) and bond of evidence reasonably indemnity in form and amount and with corporate surety satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign in each instance protecting the Company and deliver in lieu thereof the Warrant Agent, a new Warrant Certificate of like tenor and representing an equal equivalent number of Warrants to such Holder; provided, that in as the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any so lost, stolen, destroyed mutilated or mutilated destroyed. Any such new Warrant Certificate shall be entitled to constitute an original contractual obligation of the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time enforceable by anyone. The An applicant for such a substitute Warrant Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive with respect to the substitution for lost, stolen, mutilated or destroyed Warrant Certificates, and shall preclude (to the extent lawful) any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the substitution for and replacement of lost, stolen, destroyed negotiable instruments or mutilated Warrant Certificatesother securities without their surrender.

Mutilated or Missing Warrant Certificates. Upon receipt by the Company and the Warrant Agent from any Holder of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s If a mutilated Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company, or if the Holder of a Warrant Certificate claims and submits an affidavit or other evidence satisfactory to the Company or to the effect that the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8has been lost, destroyed or wrongfully taken, the Company may require shall issue a replacement Warrant Certificate. If required by the payment of a sum sufficient to cover any stamp tax Company such Holder must provide an indemnity bond, or other governmental charge that form of indemnity, sufficient in the judgment of the Company to protect the Company from any loss which it may be imposed in relation thereto and suffer if a Warrant Certificate is replaced. If Purchaser, any TCW/Crescent Investor or any other expenses institutional Holder (including or nominee thereof) is the reasonable fees and expenses of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu owner of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly such lost, stolen or destroyed Warrant Certificate, then the affidavit of an authorized officer of such owner, setting forth the fact of loss, theft or destruction and of its ownership of the Warrant Certificate at the time of such loss, theft or destruction shall be at any time enforceable by anyone. The provisions of this Section 8 are exclusive accepted as satisfactory evidence thereof and no further indemnity shall preclude (be required as a condition to the extent lawfulexecution and delivery of a new Warrant Certificate other than the unsecured written agreement of such owner to indemnify the Company or, at the option of Purchaser, such TCW/Crescent Investor or other institutional Holder, an indemnity bond in the amount of the Specified Value (as defined in Section 9(f) all other rights or remedies with respect to hereof) of the replacement of lost, stolen, destroyed or mutilated Warrant CertificatesShares for which such Warrant Certificate was exercisable.

Mutilated or Missing Warrant Certificates. Upon If any ----------------------------------------- Warrant Certificate is lost, stolen, mutilated or destroyed, the Company in its discretion may issue and the Warrant Agent may 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, upon receipt by of proper affidavit or other evidence satisfactory to the Company and the Warrant Agent from (and surrender of any Holder mutilated Warrant Certificate) and bond of evidence reasonably indemnity in fore and amount and with corporate surety satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign in each instance protecting the Company and deliver in lieu thereof the Warrant Agent, a new Warrant Certificate of like tenor and representing exercisable for an equal equivalent number of Warrants to such Holder; provided, that in shares of Common Stock as the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any so lost, stolen, destroyed mutilated or mutilated destroyed. Any such new Warrant Certificate shall be entitled to constitute an original contractual obligation of the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time shall be enforceable by anyone. The An applicant for such a substitute Warrant Certificate also shall comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, mutilated or destroyed or mutilated Warrant Certificates, and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement of negotiable instruments or other securities without their surrender.

Mutilated or Missing Warrant Certificates. Upon receipt by (a) If any Warrant Certificate evidencing Universal Warrants of any series is mutilated, lost, stolen or destroyed, the Company Issuer may in its reasonable discretion execute, and the Warrant Agent from any Holder may countersign and deliver, in exchange and substitution for the mutilated Warrant Certificate, or in replacement for the Warrant Certificate lost, stolen or destroyed, a new Warrant Certificate representing an equivalent number of unexercised Universal Warrants of the same series and of like tenor, bearing an identification number, if applicable, not contemporaneously outstanding, but only (in case of loss, theft or destruction) upon receipt of evidence reasonably satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute Issuer and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal number such loss, theft or destruction of Warrants to such Holder; provided, that in the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered and security or indemnity, if requested, also reasonably satisfactory to them. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company Issuer or the Warrant Agent for cancellation. may prescribe. (b) In case the Universal Warrants evidenced by any such mutilated, lost, stolen or destroyed Warrant Certificate have been or are about to be exercised, or deemed to be exercised (including, pursuant to automatic exercise provisions of the applicable series), the Issuer in its absolute discretion may, instead of issuing a new Warrant Certificate, and subject to the conditions set forth in clause 1.06(a) above, direct the Warrant Agent to treat the same as if it had received the Warrant Certificate together with an irrevocable exercise notice in proper form in respect thereof, as established with respect to the Universal Warrants of such series. (c) The Universal Warrants evidenced by each new Warrant Certificate issued pursuant to this Section in lieu of any lost, stolen or destroyed Warrant Certificate shall be original, additional contractual obligations of the Issuer, and shall be entitled to the same benefits under this Agreement as the Universal Warrants evidenced by the Warrant Certificate that was lost, stolen or destroyed. (d) Upon the issuance of any new Warrant Certificate under in accordance with this Section 8Section, the Company Issuer may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection connected therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any lost, stolen, destroyed or mutilated Warrant Certificate shall be entitled to the same benefits of this Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. . (e) The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all any other rights or and remedies with respect to the replacement or payment of mutilated, lost, stolen, stolen or destroyed or mutilated Warrant Certificates.

Mutilated or Missing Warrant Certificates. Upon receipt by If any of the Warrant Certificates shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue and the Warrant Agent from any Holder of evidence reasonably satisfactory to them may countersign, in exchange and substitution for and upon cancellation of the ownership mutilated Warrant Certificate, or in lieu of and substitution for the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond lost, stolen or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmlessdestroyed, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign and deliver in lieu thereof a new Warrant Certificate of like tenor and representing an equal equivalent number of Warrants Warrants, but only upon receipt of evidence satisfactory to the Company and the Warrant Agent of such Holder; providedloss, that in the case theft or destruction of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form and indemnity and security therefor, if requested, also satisfactory to them; provided that, (i) a written statement signed on behalf of the Trustee, or on behalf of a Lender or another institutional investor which is surrendered the registered holder of a Warrant, to the Company or the Warrant Agent for cancellation. Upon the issuance of any new effect that a Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any has been lost, stolen, destroyed or mutilated shall in any event constitute sufficient evidence thereof and (ii) in the case of any Warrant Certificate held by the Trustee or by any Lender or other institutional investor with a minimum net worth of at least $50,000,000, an unsecured indemnity agreement of the Trustee or such Lender or other institutional investor shall be entitled to constitute sufficient indemnity and security. Applicants for such substitute Warrant Certificates shall also comply with such other reasonable regulations and (in the same benefits case of this Agreement equally and proportionately with applicants other than the Trustee, any and all Lender or any other institutional investor which is the registered holder of a Warrant) pay such other reasonable charges as the Company or the Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone. The provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, destroyed or mutilated Warrant CertificatesAgent may prescribe.

Mutilated or Missing Warrant Certificates. Upon If any Warrant Certificate is lost, stolen, mutilated or destroyed, the Company in its discretion may issue and the Warrant Agent may 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, upon receipt by of a proper affidavit or other evidence satisfactory to the Company and the Warrant Agent from (and surrender of any Holder mutilated Warrant Certificate) and bond of evidence reasonably indemnity in form and amount and with corporate surety satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of such Holder’s Warrant Certificate and a surety bond or indemnity reasonably satisfactory to them and holding the Warrant Agent and Company harmless, and in case of mutilation upon surrender and cancellation thereof, and absent notice to Warrant Agent that such Warrant Certificates have been acquired by a bona fide purchaser, the Company will execute and the Warrant Agent will countersign in each instance protecting the Company and deliver in lieu thereof the Warrant Agent, a new Warrant Certificate of like tenor and representing exercisable for an equal equivalent number of Warrants to such Holder; provided, that in shares of Common Stock as the case of mutilation, no bond or indemnity shall be required if such Warrant Certificate in identifiable form is surrendered to the Company or the Warrant Agent for cancellation. Upon the issuance of any new Warrant Certificate under this Section 8, the Company may require the payment of a sum sufficient to cover any stamp 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 Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 8 in lieu of any so lost, stolen, destroyed mutilated or mutilated destroyed. Any such new Warrant Certificate shall be entitled to constitute an original contractual obligation of the same benefits of this Agreement equally and proportionately with any and all other Warrant CertificatesCompany, whether or not the allegedly lost, stolen stolen, mutilated or destroyed Warrant Certificate shall be at any time shall be enforceable by anyone. The An applicant for such a substitute Warrant Certificate also shall comply with such other reasonable regulations and pay such other reasonable charges as the Company or the Warrant Agent may prescribe. All Warrant Certificates shall be held and owned upon the express condition that the foregoing provisions of this Section 8 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of lost, stolen, mutilated or destroyed or mutilated Warrant Certificates, and shall preclude any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement of negotiable instruments or other securities without their surrender.