Common use of Replacement of Instruments Clause in Contracts

Replacement of Instruments. Upon receipt by the Issuer of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any certificate or instrument evidencing any Warrants or Warrant Stock, and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (PROVIDED that if the Common Stock is not at the time publicly traded and the owner of the same is any Holder or an institutional lender or investor, its own agreement of indemnity shall be deemed to be satisfactory), or (b) in the case of mutilation, upon surrender or cancellation thereof, the Issuer, at its expense, shall execute, register and deliver, in lieu thereof, a new certificate or instrument for (or covering the purchase of) an equal number of Warrants or Warrant Stock.

Appears in 3 contracts

Samples: Warrant Agreement (Metromedia Fiber Network Inc), Warrant Agreement (Metromedia Fiber Network Inc), Warrant Agreement (Metromedia Fiber Network Inc)

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Replacement of Instruments. Upon receipt by the Issuer of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any certificate or instrument evidencing any Warrants or Warrant Stock, and (a) in the case of loss, theft or destruction, of an indemnity reasonably satisfactory to it (it, PROVIDED that that, if the Common Stock is not at the time publicly traded and the owner of the same is any Holder an Investor or an institutional lender or investorInstitutional Investor, its own agreement of indemnity shall be deemed to be satisfactory), or (b) in the case of mutilation, upon surrender or cancellation thereof, the Issuer, at its expense, shall execute, register and deliver, in lieu thereof, deliver a new certificate or instrument for (or covering the purchase of) an equal number of Warrants or Warrant Stock.

Appears in 1 contract

Samples: Warrant Agreement (Polyvision Corp)

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Replacement of Instruments. Upon receipt by the Issuer Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any certificate or instrument evidencing any shares of Common Stock, Preferred Stock, Warrants or Warrant Stock, Other Rights and (a) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it (PROVIDED that that, if the Common Stock is not at the time publicly traded and the owner of the same is any Holder or an institutional lender or investor, its own agreement of indemnity shall be deemed to be satisfactory), or (b) in the case of mutilation, upon surrender or cancellation thereof, the IssuerCompany, at its expense, shall execute, register and deliver, in lieu thereof, a new certificate or instrument for (or covering the purchase of) an equal number of shares of Common Stock, Preferred Stock, Warrants or Warrant StockOther Rights, as the case may be.

Appears in 1 contract

Samples: Shareholders' Agreement (Wilmar Holdings Inc)

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