Common use of REPLACEMENT OF CONVERTIBLE NOTES Clause in Contracts

REPLACEMENT OF CONVERTIBLE NOTES. Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of any Convertible Note and, in the case of any such loss, theft, or destruction, upon delivery of a bond of indemnity satisfactory to the Company (provided that, in the case of any Purchaser, the written Affidavit of Loss and undertaking of such Purchaser to indemnify the Company shall be satisfactory to the Company) or in the case of any such mutilation, upon surrender and cancellation of such Convertible Note, the Company will issue a new Convertible Note of like tenor as if the lost, stolen, destroyed or mutilated Convertible Note were then surrendered for exchange in lieu of such lost, stolen, destroyed or mutilated Convertible Note.

Appears in 2 contracts

Samples: Convertible Subordinated Note Purchase Agreement (Oz Management LLC), Convertible Subordinated Note Purchase Agreement (Bolle Inc)

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REPLACEMENT OF CONVERTIBLE NOTES. Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of any Convertible Note and, in the case of any such loss, theft, or destruction, upon delivery of a bond of indemnity satisfactory to the Company (provided that, in the case of any Purchaser, the written Affidavit of Loss and undertaking of such Purchaser to indemnify the Company shall be satisfactory to the Company) or in the case of any such mutilation, upon surrender and cancellation of such Convertible Note, the Company will issue a new Convertible Note of like tenor as if the lost, stolen, destroyed or mutilated Convertible Note were then surrendered for exchange in lieu of such lost, stolen, destroyed or mutilated Convertible Note.

Appears in 2 contracts

Samples: Convertible Subordinated Note Purchase Agreement (Langer Partners LLC), Convertible Subordinated Note Purchase Agreement (Langer Inc)

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