Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 26 contracts
Samples: Unit Purchase Warrant, Warrant Agreement (Sbarro Inc), Merger Agreement (San Holdings Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction destruction, or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft theft, or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided provided, that if the holder Registered Holder is a financial institution or other institutional investor its own agreement Agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed destroyed, or mutilated certificate and dated the date of such lost, stolen, destroyed destroyed, or mutilated certificate.
Appears in 21 contracts
Samples: Warrant Agreement (Lower Road Associates LLC), Warrant Agreement (United Shipping & Technology Inc), Warrant Agreement (United Shipping & Technology Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder Registered Holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 9 contracts
Samples: Warrant Agreement (House of Taylor Jewelry, Inc.), Warrant Agreement (Gardenburger Inc), Warrant Agreement (Internet Sports Network Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder Registered Holder is a financial institution or other institutional investor its own agreement shall be satisfactory), ) or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 8 contracts
Samples: Shareholders Agreement (Moore Robert W/Nv), Security Agreement (Chadmoore Wireless Group Inc), Investment Agreement (Recovery Equity Investors Ii Lp)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this the Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of Warrants of such class represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 5 contracts
Samples: Warrant Agreement (Abry Mezzanine Partners Lp), Warrant Agreement (SoftBrands, Inc.), Warrant Agreement (SoftBrands, Inc.)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided provided, that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 4 contracts
Samples: Warrant Agreement (Prime Group Realty Trust), Warrant Agreement (Prime Group Realty Trust), Warrant Agreement (Prime Group Realty Trust)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 4 contracts
Samples: Warrant Agreement (B. Riley Financial, Inc.), Warrant Agreement (B. Riley Financial, Inc.), Warrant Agreement (Babcock & Wilcox Enterprises, Inc.)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantthe Series 2 Warrants, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of Series 2 Warrants of such class represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 4 contracts
Samples: Stock Purchase Warrant (R H Donnelley Corp), Warrant Agreement (Goldman Sachs Group Inc/), Warrant Agreement (Donnelley R H Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantthe Series 1 Warrants, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of Series 1 Warrants of such class represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 4 contracts
Samples: Stock Purchase Warrant (R H Donnelley Corp), Warrant Agreement (Goldman Sachs Group Inc/), Stock Purchase Warrant (Donnelley R H Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, ; stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 4 contracts
Samples: Warrant Agreement (Zam Holdings L P), Securities Purchase Agreement (United Heritage Corp), Securities Purchase Agreement (Lothian Oil Inc)
Replacement. Upon receipt of evidence reasonably satisfactory ----------- to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Pointe Communications Corp), Note and Warrant Purchase Agreement (Pointe Communications Corp), Note and Warrant Purchase Agreement (Pointe Communications Corp)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantshares of the Series Preferred, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company Corporation (provided provided, however, that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, or in the case of any such mutilation upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of shares of such class represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Velocom Inc), Supplemental Series B Preferred Stock Purchase Agreement (Velocom Inc), Series B Preferred Stock Purchase Agreement (Velocom Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder MLSC shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 3 contracts
Samples: Warrant Agreement (Myomo Inc), Warrant Agreement (Myomo Inc), Life Sciences Accelerator Funding Agreement (Arch Therapeutics, Inc.)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder Holders shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 3 contracts
Samples: Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/), Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/), Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably undertaking from the holder of this Warrant or such other Person satisfactory to the Company (provided it being acknowledged that if the holder is a financial institution an unsecured indemnity from any original Warrantholder or other institutional investor its own agreement an affiliated transferee shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Warrant Agreement (Globix Corp), Warrant Agreement (Edgar Online Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, or in the case of any such mutilation mutilation, upon surrender of such certificate, the Company shall (at its expense) execute and deliver deliver, in lieu of such certificate certificate, a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Warrant Agreement (McCormick & Schmick Holdings, L.L.C.), Warrant Agreement (McCormick & Schmick Holdings, L.L.C.)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall will be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall will be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall will (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Warrant Agreement (O2wireless Solutions Inc), Warrant Agreement (Igi Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (including at the request of the Company an affidavit of the Registered Holder shall be satisfactoryHolder) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall will be satisfactory), ) or, in the case of any such mutilation upon surrender of such certificate, the Company shall will (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Warrant Agreement (Mirion Technologies, Inc.), Warrant Agreement (NewStar Financial, Inc.)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Parent (an affidavit of the Registered Holder shall will be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company Parent (provided that if the holder Registered Holder is a financial institution or other institutional investor its own agreement shall will be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall Parent will (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Middleby Corp), Warrant Agreement (Middleby Corp)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement which shall be satisfactoryunsecured for the Registered Holder and its Affiliates and all institutional Purchasers), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Series a Convertible Participating Preferred Stock and Warrant Purchase Agreement (Navtech Inc), Series a Convertible Participating Preferred Stock and Warrant Purchase Agreement (Navtech Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder Registered Holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such Warrant certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Stock Option Agreement (Cardinal Minerals Inc), Common Stock Purchase Warrant (Cardinal Minerals Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall will be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder Registered Holder is a financial institution or other institutional investor its own agreement shall will be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall will (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Warrant Agreement (American Capital Strategies LTD), Warrant Agreement (Corrpro Companies Inc /Oh/)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantthe Phantom Stock Units, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Phantom Stock Agreement (Trico Marine Services Inc), Phantom Stock Agreement (Trico Marine Services Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or destruction, or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that that, if the holder is a financial institution or other institutional investor investor, its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Warrant Agreement (INX Inc), Stock Purchase Warrant (Delta Financial Corp)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this WarrantNote, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder Holder is SportsLine or a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Convertible Promissory Note (Sportsline Usa Inc), Convertible Promissory Note (Internet Sports Network Inc)
Replacement. Upon receipt of evidence reasonably reasonable satisfactory to the Company (an affidavit of the Registered Holder shall will be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor the initial holder, its own agreement shall will be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall will (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably ----------- satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of an unsecured indemnity agreement of the Registered Holder in form reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory)Company, or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory ----------- to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided provided, that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Restructuring Agreement (Teletouch Communications Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantshares of Series A Preferred, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company Corporation (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of shares of such class represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory to the ----------- Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably undertaking from the Registered Holder of such certificate or such other Person satisfactory to the Company (provided it being acknowledged that if the holder is a financial institution an unsecured indemnity from any original Holder or other institutional investor its own agreement an affiliated transferee shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed destroyed, or mutilated certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantshares of Convertible Preferred, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company Corporation (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, or in the case of any such mutilation upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of shares of such class represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Notes Securities Purchase Agreement (Global Employment Holdings, Inc.)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, ; stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.,
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed detroyed or mutilated certificate.
Appears in 1 contract
Samples: Warrant Agreement (Angeles Participating Mortgage Trust)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or of destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder Holder is a financial institution or other institutional investor its it own agreement shall be satisfactory), or, or in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, stolen destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Warrant Agreement (Nuvasive Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantshares of Preferred Stock, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company Corporation (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, or in the case of any such mutilation upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of shares of such class represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Notes Securities Purchase Agreement (Global Employment Holdings, Inc.)
Replacement. Upon receipt of evidence reasonably ----------- satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantwarrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantshares of Series A Preferred, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company Corporation (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of shares of Series A Preferred represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall will be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall will be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (will at its expense) expense (execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory ----------- to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder Holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this WarrantShares of Series B Termination Preferred, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably reasonable satisfactory to the Company Corporation (provided that if the holder is a financial institution or other institutional institution investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of Shares represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Memorandum of Understanding
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided provided, that if the holder Registered Holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Credit and Security Agreement (Franks Nursery & Crafts Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company ----------- Corporation (an affidavit of the Registered Holder shall be satisfactoryWarrantholder being satisfactory to the Corporation in its sole discretion) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company Corporation (provided that if the holder is a financial institution or other an institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (Corporation shall, at its expense) , execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that that, if the holder is a financial institution or other institutional investor investor, its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Credit Agreement (Earthcare Co)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall registered holder will be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantshares of Series C Preferred Stock, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other an institutional investor its own agreement shall will be satisfactory), or, in the case of any such mutilation mutilation, upon surrender of such certificate, the Company shall will (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of shares of Series C Preferred Stock represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Stock Purchase Agreement (Universal American Financial Corp)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this WarrantShares of Termination Preferred, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably reasonable satisfactory to the Company Corporation (provided that if the holder is a financial institution or other institutional institution investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of Shares represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Memorandum of Understanding
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder Unitholder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantthe Phantom Stock Units, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Phantom Stock Agreement (Trico Marine Services Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantshares of Series A Preferred Stock, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company Corporation (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of shares of such class represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Subordination Agreement (RMG Networks Holding Corp)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantshares of Series A Preferred Stock, and and, in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company Corporation (provided that provided, that, if the holder is a financial institution or other institutional investor investor, its own agreement shall be satisfactory), or, in the case of any such mutilation mutilation, upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of shares of Series A Preferred Stock of such class represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such the lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Stock Purchase Agreement (Barrister Global Services Network Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantshares of Series B-2 Preferred, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company Corporation (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, or in the case of any such mutilation upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of shares of such class represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Notes Securities Purchase Agreement (Global Employment Holdings, Inc.)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), ) or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory ----------- to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder Registered Holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantshares of Series A-6 Preferred, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company Corporation (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, or in the case of any such mutilation upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of shares of such class represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Notes Securities Purchase Agreement (Global Employment Holdings, Inc.)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrantcertificate, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Option to Purchase and Royalty Agreement (Canadente Resource Corp)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed destroyed, or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Warrant Agreement (Angeles Participating Mortgage Trust)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Registered Holder registered holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this WarrantShares of Recapitalization Preferred, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably reasonable satisfactory to the Company Corporation (provided that if the holder is a financial institution or other institutional institution investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company Corporation shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights number of A-4 Shares represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Memorandum of Understanding
Replacement. Upon receipt of evidence reasonably ----------- satisfactory to the Company (an affidavit of the Registered Holder shall be satisfactory) of the ownership and the loss, theft, destruction or mutilation of any certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company (provided that if the holder is a financial institution or other institutional investor its own agreement shall be satisfactory), or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver in lieu of such certificate a new certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated certificate and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
