Common use of Replacement of Notes and Warrants Clause in Contracts

Replacement of Notes and Warrants. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note or Warrant (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and (a) in the case of loss, theft or destruction, of a bond or other indemnity reasonably satisfactory to it (provided that if the holder of such Note or Warrant is, or is a nominee for, an original Purchaser or another holder of a Note or Warrant with a minimum net worth of at least the greater of (i) with respect to a loss, theft or destruction of a Note, the principal amount of such Note or (ii) US$5,000,000, and the Company receives a certification from any senior financial officer or other individual with the responsibility for the administration of such Person’s investment in the Notes or Warrants to such effect, such Person’s own duly authorized unsecured agreement of indemnity shall be deemed to be satisfactory), or (b) in the case of mutilation, upon surrender and cancellation thereof, the Company at its own expense shall execute and deliver, in lieu thereof, a new Warrant dated the Closing Date or a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon, as the case may be.

Replacement of Notes and Warrants. Upon receipt by If any of the Notes or the Warrants comprising the Units issued and certified hereunder shall become mutilated or be lost, stolen or destroyed, the Company and/or the Parent, as applicable, shall issue and deliver, a replacement Note or Warrant, as applicable, of evidence reasonably satisfactory to it of like date and tenor as the ownership one mutilated, lost, stolen or destroyed in exchange for and in place of and the loss, theft, destruction or mutilation upon surrender and cancellation of any such mutilated Note or Warrant (which evidence shall beWarrant, or, in the case of an Institutional Investora lost, notice from such Institutional Investor stolen or destroyed Note or Warrant, in lieu of such ownership and such lossin substitution for the same, theftand the substituted Note or Warrant shall be in substantially the form of the Note attached as Schedule "B" hereto or the form of the Warrant attached as Schedule "C" hereto, destruction as applicable, and shall be entitled to the benefits of this Agreement and shall, in accordance with Section 2.16, rank equally with all other Notes or mutilation)Warrants, and (a) in the as applicable, issued or to be issued hereunder. In case of loss, theft or destruction, of the applicant for a bond or other indemnity reasonably satisfactory to it (provided that if the holder of such substituted Note or Warrant is, or is a nominee for, an original Purchaser or another holder shall furnish to the Company such evidence of a Note or Warrant with a minimum net worth of at least the greater of (i) with respect to a such loss, theft or destruction as shall be satisfactory to each of them in their own discretion, acting reasonably. The Company and/or the Parent, as applicable, shall pay all expenses incidental to the issuance of any such new Note or Warrant upon receipt of a Notecustomary indemnity from the applicant, in a form acceptable to the principal amount applicant, in favour of such the Company and/or the Parent, as applicable, in respect of the lost, stolen or destroyed Note or (ii) US$5,000,000, and the Company receives a certification from any senior financial officer or other individual with the responsibility for the administration of such Person’s investment in the Notes or Warrants to such effect, such Person’s own duly authorized unsecured agreement of indemnity shall be deemed to be satisfactory), or (b) in the case of mutilation, upon surrender and cancellation thereof, the Company at its own expense shall execute and deliver, in lieu thereof, a new Warrant dated the Closing Date or a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon, as the case may beWarrant.

Replacement of Notes and Warrants. (a) Upon receipt by the Company of evidence reasonably satisfactory to it the Company of the ownership of and the loss, theft, destruction or mutilation of any a Note or Warrant (which evidence shall beany note issued in exchange therefor and, if requested in the case of an Institutional Investor, notice from any such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and (a) in the case of loss, theft or destruction, upon delivery of a an indemnity bond or other indemnity agreement or security reasonably satisfactory to it (provided that if the holder of such Note or Warrant is, or is a nominee for, an original Purchaser or another holder of a Note or Warrant with a minimum net worth of at least the greater of (i) with respect to a loss, theft or destruction of a Note, the principal amount of such Note or (ii) US$5,000,000, and the Company receives a certification from any senior financial officer or other individual with the responsibility for the administration of such Person’s investment in the Notes or Warrants to such effect, such Person’s own duly authorized unsecured agreement of indemnity shall be deemed to be satisfactory)Company, or (b) , in the case of any such mutilation, upon surrender and cancellation thereofof such note, the Company at its own expense shall execute and deliver, in lieu thereof, will issue a new Warrant note, of like tenor and amount and dated the Closing Date or a new Note, dated and bearing interest from the date to which interest shall have has been paid on such lostpaid, stolen, destroyed or mutilated Note or dated the date in lieu of such lost, stolen, destroyed or mutilated Note note; provided, however, if any note of which a Purchaser, its nominee, or any of its partners or affiliates is the registered holder is lost, stolen or destroyed, the affidavit of the registered holder setting forth the circumstances with respect to such loss, theft or destruction shall be accepted as satisfactory evidence thereof, and no interest indemnification bond or other security shall have been paid thereonbe required as a condition to the execution and delivery by the Company of a new note in replacement of such lost, as stolen or destroyed note other than the registered holder's written agreement to indemnify the Company. (b) Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of a Warrant or any warrant issued in exchange therefor and, if requested and required in the case may be.of any such loss, theft or destruction, upon delivery of an indemnity bond or other agreement or security reasonably satisfactory to the Company, or, in the case of any such mutilation, upon surrender and cancellation of such warrant, the Company will issue a new warrant in accordance with the terms and conditions of the form of Warrant attached hereto as Exhibit B.

Replacement of Notes and Warrants. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note or Warrant (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and (a) in the case of loss, theft or destruction, of a bond or other indemnity reasonably satisfactory to it (provided that if the holder of such Note or Warrant is, or is a nominee for, an original Purchaser or another holder of a Note or Warrant with a minimum net worth of at least the greater of (i) with respect to a loss, theft or destruction of a Note, the principal amount of such Note or (ii) US$$5,000,000, and the Company receives a certification from any senior financial officer or other individual with the responsibility for the administration of such Person’s investment in the Notes or Warrants to such effect, such Person’s 's own duly authorized unsecured agreement of indemnity shall be deemed to be satisfactory), or (b) in the case of mutilation, upon surrender and cancellation thereof, within five Business Days thereafter the Company at its own expense shall execute and deliver, in lieu thereof, a new Warrant dated Note or Warrant, as applicable, in the Closing Date or case of a new Note, Note dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon, as the case may be.