Replacement of Securities. If any certificate or instrument evidencing any Purchased Securities is mutilated, lost, stolen or destroyed, then 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 Purchased Securities, but without any requirement to post a bond (unless required by the Company’s transfer agent, in which case the cost of such bond shall be paid by the Company).
Appears in 4 contracts
Samples: Securities Purchase and Registration Rights Agreement, Securities Purchase and Registration Rights Agreement (AIT Therapeutics, Inc.), Securities Purchase and Registration Rights Agreement (AIT Therapeutics, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Purchased Securities is mutilated, lost, stolen or destroyed, then 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 indemnityindemnity and transfer agent insurance or lost certificate bonds) associated with the issuance of such replacement Purchased Securities, but without any requirement to post a bond (unless Securities and provide such indemnity as may be required by and determined under the Company’s transfer agent, in which case the cost of such bond shall be paid policy as set by the Company)Board of Directors.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Recon Technology, LTD), Securities Purchase Agreement (Recon Technology, LTD), Securities Purchase Agreement (Recon Technology, LTD)
Replacement of Securities. If any certificate or instrument evidencing any Purchased Securities is mutilated, lost, stolen or destroyed, then the Company relevant Obligor 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 such Obligor 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 Purchased Securities, but without any requirement to post a bond (unless required by the Company’s transfer agentTransfer Agent, in which case the cost of such bond shall be paid by the Companyrelevant Obligor).
Appears in 2 contracts
Samples: Note Purchase and Registration Rights Agreement (Venus Concept Inc.), Securities Exchange and Registration Rights Agreement (Venus Concept Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Purchased Securities is mutilated, lost, stolen or destroyed, then 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 Purchased Securities, but without any requirement to post a bond (unless required by the Company’s transfer agentTransfer Agent, in which case the cost of such bond shall be paid by the Company).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mri Interventions, Inc.), Securities Purchase and Registration Rights Agreement (Cryoport, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Purchased Securities Securities, as applicable, is mutilated, lost, stolen or destroyed, then 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 Purchased Securities, as applicable, but without any requirement to post a bond (unless required by the Company’s transfer agentTransfer Agent, in which case the cost of such bond shall be paid by the Company).
Appears in 1 contract
Samples: Securities Purchase Agreement (Fennec Pharmaceuticals Inc.)