Common use of Replacement of Instruments Clause in Contracts

Replacement of Instruments. Upon receipt by the 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 Preferred Shares issued by the Company, and (a) in the case of loss, theft or destruction, of an indemnity reasonably satisfactory to it, provided that, if the owner of the same is Purchaser, its own agreement of indemnity shall be deemed to be satisfactory, or if the owner of the same is a Holder the Company may require a bond, or (b) in the case of mutilation, upon surrender or cancellation thereof, the Company, at its expense, shall execute, register and deliver, in lieu thereof, a new certificate or instrument for such Preferred Shares.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Nuco2 Inc /Fl), Preferred Stock Purchase Agreement (Nuco2 Inc /Fl)

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Replacement of Instruments. Upon receipt by the 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 Preferred Shares issued by the CompanySeries B Shares, Warrants or Conversion Shares, and (a) in the case of loss, theft or destruction, of an indemnity reasonably satisfactory to it, it (provided that, if the owner of the same is Purchaseran institutional lender or investor, its own agreement of indemnity shall be deemed to be satisfactory, or if the owner of the same is a Holder the Company may require a bond), or (b) in the case of mutilation, upon surrender or and cancellation thereof, the Company, at its expense, shall will execute, register and deliver, in lieu thereof, a new certificate or instrument for such Preferred (or covering the purchase of) an equal number of Series B Shares, Warrants or Conversion Shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (24/7 Media Inc)

Replacement of Instruments. Upon receipt by the 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 Preferred Shares issued by the CompanyWarrant or Warrant Securities, and and (a) in the case of loss, theft or destruction, upon receipt by the Company of an indemnity reasonably satisfactory to it, it (provided that, if the owner of the same is Purchasera commercial bank or an institutional lender or investor, its own agreement of indemnity shall be deemed to be satisfactory), or if the owner of the same is a Holder the Company may require a bond, or (b) in the case of mutilation, upon surrender or and cancellation thereof, the Company, at its expense, shall will execute, register and deliver, in lieu thereof, a new certificate or instrument for such Preferred Shares(or covering the purchase of) an equal number of Warrant or Warrant Securities.

Appears in 1 contract

Samples: Warrant Agreement (Easyriders Inc)

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Replacement of Instruments. Upon receipt by the 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 Shares issued by the Company, Stock or Contingent Rights and (a) in the case of loss, theft or destruction, of an indemnity reasonably satisfactory to it, it (provided that, if the owner of the same is Purchaseran institutional lender or investor, its own agreement of indemnity shall be deemed to be satisfactory, or if the owner of the same is a Holder the Company may require a bond), or (b) in the case of mutilation, upon surrender or cancellation thereof, the Company, at as its expense, shall execute, register and deliver, in lieu thereof, a new certificate or instrument for such (or covering the purchase of) an equal number of shares of Common Stock, Preferred SharesStock or Contingent Rights.

Appears in 1 contract

Samples: Shareholder Agreement (BRPP LLC)

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