Common use of Replacement of Shares Clause in Contracts

Replacement of Shares. If any certificate or instrument evidencing any Shares 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 and customary and reasonable indemnity or bond, if requested. 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 Shares.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Avidity Biosciences, Inc.), Securities Purchase Agreement (Provention Bio, Inc.), Share Subscription Agreement (Osmotica Pharmaceuticals PLC)

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Replacement of Shares. If any certificate or instrument evidencing any Shares 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 and customary and reasonable indemnity or bondand, if requestedrequested by the Company, the posting of a customary bond. 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 Shares.

Appears in 3 contracts

Samples: Subscription Agreement (Marathon Patent Group, Inc.), Subscription Agreement (Inventergy Global, Inc.), Subscription Agreement (Sito Mobile, Ltd.)

Replacement of Shares. If If, subsequent to the date hereof, any certificate or instrument evidencing any of the Preferred Shares or Common Shares 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 and customary and reasonable indemnity or bond, if requesteddestruction. 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 Sharescertificates.

Appears in 2 contracts

Samples: Securities Exchange Agreement (Meridian Waste Solutions, Inc.), Securities Exchange Agreement (Meridian Waste Solutions, Inc.)

Replacement of Shares. If any certificate or instrument evidencing any Shares Securities 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 and customary and reasonable indemnity or bond, if requested. 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 SharesSecurities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Orchard Therapeutics PLC), Securities Purchase Agreement (Orchard Therapeutics PLC)

Replacement of Shares. If any certificate or instrument evidencing any Issued Shares 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 and (including customary and reasonable indemnity or bond, if requestedreasonably acceptable to the Company). The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnityindemnity reasonably acceptable to the Company) associated with the issuance of such replacement Issued Shares.

Appears in 2 contracts

Samples: Share Purchase Agreement (SunEdison Semiconductor Pte. Ltd.), Share Purchase Agreement (SunEdison Semiconductor Pte. Ltd.)

Replacement of Shares. If any certificate or instrument evidencing any Ordinary Shares 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 and customary and reasonable indemnity or bond, if requested. 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 Ordinary Shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (ASLAN Pharmaceuticals LTD)

Replacement of Shares. If any certificate or instrument evidencing any Shares is mutilated, lost, stolen or destroyed, the Company shall may, on such terms as to indemnity or otherwise as it may reasonably impose, 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 and customary and reasonable indemnity or bond, if requesteddestruction. 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 Shares.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cerulean Pharma Inc.)

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Replacement of Shares. If any certificate or instrument evidencing any Shares 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 and and, if requested by the Company, customary and reasonable indemnity or bond, if requestedsecurity. 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 Shares.

Appears in 1 contract

Samples: Stock Purchase Agreement (Harbor BioSciences, Inc.)

Replacement of Shares. If any certificate or instrument evidencing any Shares is are 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 and customary and reasonable indemnity or bond, if requestedexecution of the Company’s usual form of lost share affidavit. 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 Shares.. 5.15

Appears in 1 contract

Samples: Stock Purchase Agreement (Virios Therapeutics, Inc.)

Replacement of Shares. If any certificate or instrument evidencing any Shares 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 and receipt of a customary and reasonable indemnity or bond, if requesteddocument. 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 Shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (One Stop Systems, Inc.)

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