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 (in case of loss, theft or destruction), a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and (in case of loss, theft or destruction) of customary indemnity satisfactory to the Company. 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: Securities Purchase Agreement (Calyxt, Inc.), Securities Purchase Agreement (Cellectis S.A.), Securities Purchase Agreement (Calyxt, 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)thereof, or in lieu of and substitution therefor (in case of loss, theft or destruction)therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and (the execution by the holder thereof of a customary lost certificate affidavit of that fact and an agreement to indemnify and hold harmless the Company for any losses in case of loss, theft or destruction) of customary indemnity satisfactory to the Companyconnection therewith. 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 such replacement Shares.

Appears in 3 contracts

Samples: Securities Purchase Agreement (StoneCastle Financial Corp.), Securities Purchase Agreement (EnviroStar, Inc.), Securities Purchase Agreement (Pioneer Power Solutions, Inc.)

Replacement of Shares. If any certificate or instrument evidencing any of the 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)thereof, or in lieu of and substitution therefor (in case of loss, theft or destruction)therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and (in case customary and reasonable indemnity, if requested, but not the posting of loss, theft any surety or destruction) of customary indemnity satisfactory to the Companysimilar bond. 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 such replacement Sharescertificate.

Appears in 2 contracts

Samples: Securities Purchase Agreement (NewLake Capital Partners, Inc.), Securities Purchase Agreement (NewLake Capital Partners, Inc.)

Replacement of Shares. If any certificate or instrument evidencing any of the Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued issued, in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor (in case of loss, theft or destruction)therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and (in case customary and reasonable indemnity, if requested, and upon satisfaction by the Purchaser of loss, theft or destruction) any requirements of customary indemnity satisfactory to the Company’s transfer agent. 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 such replacement Shares.

Appears in 2 contracts

Samples: Share Purchase Agreement (TRM Corp), Share Purchase Agreement (Penwest Pharmaceuticals Co)

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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 (in case of loss, theft or destruction), a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and (in the case of loss, theft or destruction) of customary indemnity satisfactory to the Company. 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 (Energy Focus, Inc/De)

Replacement of Shares. If any certificate or instrument evidencing any Preferred Shares or Conversion 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 (in case of loss, theft or destruction)therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and (in case of losscustomary and reasonable indemnity or bond, theft or destruction) of customary indemnity satisfactory to the Companyif 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 Preferred Shares or Conversion Shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Verastem, Inc.)

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