Replacement of Notes. If any certificate or instrument evidencing any Notes is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Notes.
Appears in 14 contracts
Sources: Note Purchase Agreement (Aquabounty Technologies Inc), Note Purchase Agreement (Alternus Clean Energy, Inc.), Note Purchase Agreement (Alternus Clean Energy, Inc.)
Replacement of Notes. If any certificate or instrument evidencing any either of the Notes is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of the replacement for such replacement NotesNote.
Appears in 2 contracts
Sources: Loan Agreement (Universal Property Development & Acquisition Corp), Loan Agreement (Continental Fuels, Inc.)
Replacement of Notes. If any certificate or instrument evidencing any Notes is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of an affidavit or similar evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also not be required to pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Notes.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Mitesco, Inc.), Securities Purchase Agreement (Amaze Holdings, Inc.)
Replacement of Notes. If any certificate or instrument evidencing any Notes is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for destruction and receipt of a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary lost Security affidavit and indemnity) associated with the issuance of such replacement Notes.
Appears in 1 contract
Sources: Note Purchase Agreement (Esports Entertainment Group, Inc.)
Replacement of Notes. If any certificate or instrument evidencing any Notes Note is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Notes.
Appears in 1 contract
Sources: Note Purchase and Security Agreement (Cellectar Biosciences, Inc.)
Replacement of Notes. If any certificate certificate, note or instrument evidencing any Notes Note is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate certificate, note or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any destruction and customary and reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Notes, if requested.
Appears in 1 contract