Replacement Certificates. The Corporation shall replace any mutilated certificate at the Holder’s expense upon surrender of that certificate to the Corporation. The Corporation shall replace certificates that become destroyed, stolen or lost at the Holder’s expense upon delivery to the Corporation of reasonably satisfactory evidence that the certificate has been destroyed, stolen or lost, together with any indemnity that may be reasonably required by the Corporation; provided that if physical certificates are issued, the Corporation shall not be required to issue any certificates representing the Designated Stock on or after the Mandatory Conversion Date. In place of the delivery of a replacement certificate following the Mandatory Conversion Date, the Transfer Agent, upon delivery of the evidence and indemnity described in the second sentence above, shall deliver the shares of Common Stock pursuant to the terms of the Designated Stock formerly evidenced by the certificate.
Appears in 6 contracts
Samples: Exchange Agreement (Broadway Financial Corp \De\), Exchange Agreement, Exchange Agreement
Replacement Certificates. (a) The Corporation shall replace any mutilated certificate at the Holder’s expense upon surrender of that certificate to the Corporation. The Corporation shall replace certificates that become destroyed, stolen or lost at the Holder’s expense upon delivery to the Corporation of reasonably satisfactory evidence that the certificate has been destroyed, stolen or lost, together with any indemnity that may be reasonably required by the Corporation; provided that if physical certificates are issued, the .
(b) The Corporation shall not be required to issue any certificates representing the Designated Series A Preferred Stock on or after the Mandatory Conversion Date. In place of the delivery of a replacement certificate following the Mandatory Conversion Date, the Transfer AgentCorporation, upon delivery of the evidence and indemnity described in the second sentence clause (a) above, shall deliver the shares of Common Stock pursuant to the terms of the Designated Series A Preferred Stock formerly evidenced by the certificate.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Erickson Air-Crane Inc), Securities Purchase Agreement (Highlands Bankshares Inc /Va/), Securities Purchase Agreement (Highlands Bankshares Inc /Va/)
Replacement Certificates. The Corporation shall replace any mutilated certificate at the Holderholder’s expense upon surrender of that certificate to the Corporation. The Corporation shall replace certificates that become destroyed, stolen or lost at the Holderholder’s expense upon delivery to the Corporation of reasonably satisfactory evidence that the certificate has been destroyed, stolen or lost, together with any indemnity that may be reasonably required by the Corporation; provided provided, that if physical certificates are issued, the Corporation shall not be required to issue any additional certificates representing the Designated Series B Preferred Stock on or after the Mandatory Conversion Date. In place of the delivery of a replacement certificate following the Mandatory Conversion Date, the Transfer Agent, upon delivery of the evidence and indemnity described in the second sentence aboveimmediately preceding sentence, shall deliver the shares of Common Stock pursuant to the terms of the Designated Series B Preferred Stock formerly evidenced by the certificate.
Appears in 4 contracts
Samples: Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/)
Replacement Certificates. (a) The Corporation shall replace any mutilated certificate at the Holder’s expense upon surrender of that certificate to the Corporation. The Corporation shall replace certificates that become destroyed, stolen or lost at the Holder’s expense upon delivery to the Corporation of reasonably satisfactory evidence that the certificate has been destroyed, stolen or lost, together with any indemnity that may be reasonably required by the Corporation; provided that if physical certificates are issued, the .
(b) The Corporation shall not be required to issue any certificates representing the Designated Series C Preferred Stock on or after the Mandatory Conversion Date. In place of the delivery of a replacement certificate following the Mandatory Conversion Date, the Transfer AgentCorporation, upon delivery of the evidence and indemnity described in the second sentence clause (a) above, shall deliver the shares of Common Stock pursuant to the terms of the Designated Series C Preferred Stock formerly evidenced by the certificate.
Appears in 2 contracts
Samples: Securities Purchase Agreement and Amendment Number 1 to Investment Agreement (Aquiline BNC Holdings LLC), Securities Purchase Agreement (Oriental Financial Group Inc)
Replacement Certificates. (a) The Corporation shall replace any mutilated certificate at the Holder’s expense upon surrender of that certificate to the Corporation. The Corporation shall replace certificates that become destroyed, stolen or lost at the Holder’s expense upon delivery to the Corporation of reasonably satisfactory evidence that the certificate has been destroyed, stolen or lost, together with any indemnity that may be reasonably required by the Corporation; provided that if physical certificates are issued, the .
(b) The Corporation shall not be required to issue any certificates representing the Designated Series B Preferred Stock on or after the Mandatory Conversion Date. In place of the delivery of a replacement certificate following the Mandatory Conversion Date, the Transfer AgentCorporation, upon delivery of the evidence and indemnity described in the second sentence clause (a) above, shall deliver the shares of Common Stock pursuant to the terms of the Designated Series B Preferred Stock formerly evidenced by the certificate.
Appears in 1 contract
Samples: Securities Purchase Agreement (Heritage Commerce Corp)
Replacement Certificates. The (a) If physical certificates are issued, the Corporation shall replace any mutilated certificate at the Holder’s expense upon surrender of that certificate to the Corporation. The Corporation shall replace certificates that become destroyed, stolen or lost at the Holder’s expense upon delivery to the Corporation of reasonably satisfactory evidence that the certificate has been destroyed, stolen or lost, together with any indemnity that may be reasonably required by the Corporation; provided that if physical certificates are issued, the .
(b) The Corporation shall not be required to issue any certificates representing the Designated Preferred Stock on or after the Mandatory Conversion DateDate with respect to such shares. In place of the delivery of a replacement certificate following the Mandatory Conversion Date, the Transfer AgentCorporation, upon delivery of the evidence and indemnity described in the second sentence clause (a) above, shall deliver the shares of Common Stock pursuant to the terms of the Designated Preferred Stock formerly evidenced by the certificate.
Appears in 1 contract
Replacement Certificates. The Corporation shall replace any mutilated certificate at the Holder’s expense upon surrender of that certificate to the Corporation. The Corporation shall replace certificates that become destroyed, stolen or lost at the Holder’s expense upon delivery to the Corporation of reasonably satisfactory evidence that the certificate has been destroyed, stolen or lost, together with any indemnity that may be reasonably required by the Corporation; provided that if physical certificates are issued, the Corporation shall not be required to issue any additional certificates representing the Designated Series A Preferred Stock on or after the Mandatory Conversion Date. In place of the delivery of a replacement certificate following the Mandatory Conversion Date, the Transfer Agent, upon delivery of the evidence and indemnity described in the second sentence aboveimmediately preceding sentence, shall deliver the shares of Common Stock consideration due upon Mandatory Conversion pursuant to the terms of the Designated Series A Preferred Stock formerly evidenced by the certificate.
Appears in 1 contract
Replacement Certificates. (a) The Corporation shall replace any mutilated certificate at the Holder’s expense upon surrender of that certificate to the Corporation. The Corporation shall replace certificates that become destroyed, stolen or lost at the Holder’s expense upon delivery to the Corporation of reasonably satisfactory evidence that the certificate has been destroyed, stolen or lost, together with any indemnity that may be reasonably required by the Corporation; provided that if physical certificates are issued, the .
(b) The Corporation shall not be required to issue any certificates representing the Designated Series B-1 Preferred Stock on or after the Mandatory Conversion Date. In place of the delivery of a replacement certificate following the Mandatory Conversion Date, the Transfer AgentCorporation, upon delivery of the evidence and indemnity described in the second sentence clause (a) above, shall deliver the shares of Non-Voting Common Stock pursuant to the terms of the Designated Series B-1 Preferred Stock formerly evidenced by the certificate.
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