Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, at its expense, will execute and deliver, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 23 contracts
Samples: Warrant Agreement (Myomo Inc), Warrant Agreement (Genocea Biosciences, Inc.), Warrant Agreement (Genocea Biosciences, Inc.)
Replacement. On Upon receipt by the Company of evidence reasonably satisfactory to the Company it of the loss, theft, destruction or mutilation of this any Warrant Certificate, and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond security reasonably satisfactory in form to it, and amount reimbursement to the Company orof all reasonable expenses incidental thereto, in the case of mutilation, on and upon surrender and cancellation of this Warrantthe Warrants, if mutilated, the Company, at its expense, Company will execute make and deliverdeliver a new Warrant Certificate of like tenor, in lieu of this Warrant, a new Warrant of like tenorthereof.
Appears in 13 contracts
Samples: Warrant (Daybreak Oil & Gas, Inc.), Warrant Agreement (Daybreak Oil & Gas, Inc.), Representative's Warrant Agreement (Marchex Inc)
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company Company, of the loss, theft, destruction destruction, or mutilation modification of this Warrant Note and, in the case event of loss, theft or destructionsuch occurrence, on delivery of an indemnity agreement, agreement or bond Note reasonably satisfactory in form and amount to the Company or, or in the case of mutilation, on surrender and cancellation of this WarrantNote, the Company, Company at its expense, expense will execute and deliver, in lieu of this WarrantNote, a new Warrant Note of like tenortender.
Appears in 10 contracts
Samples: Convertible Note (Marron-Reid LLP), Convertible Note (Marron-Reid LLP), Convertible Note (Marron-Reid LLP)
Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant Option and, in the case of loss, theft or destruction, on delivery of an any indemnity agreement, agreement or bond reasonably satisfactory in form and amount to the Company orCompany, or in the case of mutilation, on surrender and cancellation of this WarrantOption, the Company, Company at its expense, expense will execute and deliver, in lieu of this WarrantOption, a new Warrant Option of like tenor.
Appears in 8 contracts
Samples: Stock Option Agreement (Activision Inc /Ny), Stock Option Agreement (Activision Inc /Ny), Stock Option Agreement (Activision Inc /Ny)
Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, agreement or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, at its expense, will execute and deliver, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 4 contracts
Samples: Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc), Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc), Warrant Agreement (Advanced Switching Communications Inc)
Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, at its expense, will execute and deliver, in lieu of this Warrant, a new Warrant warrant of like tenor.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Genzyme Corp), Series J Convertible Preferred Stock Purchase Agreement (Viacell Inc), Warrant Agreement (Viacell Inc)
Replacement. On receipt of evidence reasonably satisfactory to the ----------- Company of the loss, theft, destruction destruction, or mutilation of this Warrant and, in the case of loss, theft theft, or destruction, on delivery of an any indemnity agreement, agreement or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, Company at its expense, expense will execute and deliver, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 4 contracts
Samples: Warrant Agreement (Clarus Corp), Warrant to Purchase Common Stock (SQL Financials International Inc /De), Warrant Agreement (Interep National Radio Sales Inc)
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, and (a) in the case of any such loss, theft or destruction, on destruction upon delivery of an indemnity agreement, or bond reasonably satisfactory to the Company in form and amount to the Company or, or (b) in the case of any such mutilation, on upon surrender and of such Warrant for cancellation at the principal office of this Warrantthe Company, the Company, at its expense, will execute and deliver, in lieu of this Warrantthereof, a new Warrant of like tenorWarrant.
Appears in 4 contracts
Samples: Warrant Agreement (Sentry Technology Corp), Warrant Agreement (Pw Eagle Inc), Warrant Agreement (Nutraceutical International Corp)
Replacement. On receipt of evidence reasonably satisfactory to ----------- the Company of the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, at its expense, will execute and deliver, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 3 contracts
Samples: License Agreement (Orchid Biosciences Inc), License and Option Agreement (Orchid Biosciences Inc), Warrant Agreement (Phytera Inc)
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant or any new Warrant(s) issued to Holder under Section 6(b) hereof and, in the case of any such loss, theft or destruction, on upon delivery of an indemnity agreement, or bond agreement reasonably satisfactory in form and amount to the Company orCompany, or in the case of any such mutilation, on upon surrender and cancellation of this Warrantsuch Warrant(s), the Company, at its expense, Company will execute and deliver, in lieu of this Warrantthereof, a new Warrant of like date and tenor.
Appears in 3 contracts
Samples: Stock Purchase Warrant (OxySure Systems Inc), Stock Purchase Warrant (OxySure Systems Inc), Letter Agreement (OxySure Systems Inc)
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, in the case of any such loss, theft or destruction, on upon delivery of an indemnity agreement, or bond agreement reasonably satisfactory in form and amount to the Company orCompany, or in the case of any such mutilation, on upon surrender and cancellation of this such Warrant, the Company, at its expense, Company will execute and deliver, in lieu of this Warrantthereof, a new Warrant of like data and tenor.
Appears in 3 contracts
Samples: Note Purchase Agreement (Sunlink Health Systems Inc), Subscription Agreement (Interland Inc), Warrant Agreement (Data Return Corp)
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, and (in the case of loss, theft or destruction, on ) upon delivery of an indemnity agreementagreement (without any obligation for surety or bond), or bond reasonably satisfactory in form and amount to the Company or, (in the case of mutilation, on ) upon surrender and cancellation of this Warrant, the Company, at its expense, Company will execute and deliverissue, in lieu of this Warrantthereof, a new Warrant of like tenor.
Appears in 2 contracts
Samples: Warrant Agreement (Monogram Orthopaedics Inc), Warrant Agreement (Monogram Orthopaedics Inc)
Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond agreement reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, at its expense, will execute and deliver, in lieu of this Warrant, a new Warrant warrant of like tenor.
Appears in 2 contracts
Samples: Warrant Agreement (Locateplus Holdings Corp), Warrant Agreement (Archemix Corp.)
Replacement. On receipt of evidence reasonably reasonable satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant and, in the case event of loss, theft or destructionsuch occurrence, on delivery of an indemnity agreement, agreement or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilationmutilations, on surrender and cancellation of this Warrant, the Company, at its the Warrant Holder’s expense, will execute and deliver, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 2 contracts
Samples: Warrant Agreement (Basin Water, Inc.), Warrant Agreement (Basin Water, Inc.)
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and., in the case of any such loss, theft or destruction, on upon delivery of an indemnity agreement, or bond agreement reasonably satisfactory in form and amount to the Company orCompany, or in the case of any such mutilation, on upon surrender and cancellation of this such Warrant, the Company, at its expense, Company will execute and deliver, in lieu of this Warrantthereof, a new Warrant of like date and tenor.
Appears in 2 contracts
Samples: Warrant Agreement (Bellicum Pharmaceuticals, Inc), Warrant Agreement (Bellicum Pharmaceuticals, Inc)
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and(and upon surrender of this Warrant if mutilated), in the case of loss, theft or destruction, on delivery upon issuance of an indemnity agreement, or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, if required by the Company, at its expenseand upon reimbursement of the Company's incidental expenses, will the Company shall execute and deliver, in lieu of this Warrant, deliver to the Holder hereof a new Warrant of like tenordate, tenor and denomination.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Tripath Imaging Inc), Warrant Purchase Agreement (Tripath Imaging Inc)
Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, agreement or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, Company at its expense, expense will execute and deliver, in lieu of this Warrant, Warrant a new Warrant of like tenor.
Appears in 2 contracts
Samples: Warrant Agreement (Chaparral Network Storage Inc), Integrated Circuit Agreement (Chaparral Network Storage Inc)
Replacement. On receipt of evidence reasonably satisfactory to the Company ----------- of the loss, theft, destruction destruction, or mutilation of this Warrant and, in the case of loss, theft theft, or destruction, on delivery of an any indemnity agreement, agreement or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, Company at its expense, expense will execute and deliver, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 2 contracts
Samples: Warrant Agreement (Interep National Radio Sales Inc), Warrant Agreement (Interep National Radio Sales Inc)
Replacement. On Upon receipt of evidence reasonably satisfactory to the ----------- Company of the loss, theft, destruction or mutilation of this Warrant and, and (a) in the case of any such loss, theft or destruction, on destruction upon delivery of an indemnity agreement, or bond reasonably satisfactory to the Company in form and amount to the Company or, or (b) in the case of any such mutilation, on upon surrender and of such Warrant for cancellation at the principal office of this Warrantthe Company, the Company, at its expense, will execute and deliver, in lieu of this Warrantthereof, a new Warrant of like tenorWarrant.
Appears in 1 contract
Replacement. On Upon receipt of evidence reasonably satisfactory to ----------- the Company of the loss, theft, destruction or mutilation of this Warrant and, and (i) in the case of loss, any such loss theft or destruction, on upon delivery of an indemnity agreement, or bond reasonably satisfactory to the Company in form and amount to the Company oramount, or (ii) in the case of any such mutilation, on upon surrender and of such Warrant for cancellation of this Warrantat the Principal Executive Office, the Company, at its expense, will shall execute and deliver, in lieu of this Warrantthereof, a new Warrant of like tenorWarrant.
Appears in 1 contract
Samples: Common Stock Subscription Agreement (Solopoint Inc)
Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an any indemnity agreement, agreement or bond reasonably reasonable satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, at its expense, will execute and deliver, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 1 contract
Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an any indemnity agreement, agreement or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, Company at its expense, expense will execute and deliver, in lieu of this Warrant, Warrant a new Warrant of like tenor.
Appears in 1 contract
Replacement. On Upon receipt of evidence reasonably satisfactory to the ----------- Company of the loss, theft, destruction or mutilation of this Warrant and, and (i) in the case of loss, any such loss theft or destruction, on upon delivery of an indemnity agreement, or bond reasonably satisfactory to the Company in form and amount to the Company oramount, or (ii) in the case of any such mutilation, on upon surrender and of such Warrant for cancellation of this Warrantat the Principal Executive Office, the Company, at its expense, will Company shall promptly execute and deliver, in lieu of this Warrantthereof, a new Warrant of like tenorWarrant.
Appears in 1 contract
Replacement. On Upon receipt by the Company of evidence reasonably reason-ably satisfactory to the Company it of the loss, theft, destruction or mutilation of this any Warrant Certificate, and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond security reasonably satisfactory in form to it, and amount reimbursement to the Company orof all reasonable expenses incidental thereto, in the case of mutilation, on and upon surrender and cancellation of this Warrantthe Warrants, if mutilated, the Company, at its expense, Company will execute make and deliverdeliver a new Warrant Certificate of like tenor, in lieu of this Warrant, a new Warrant of like tenorthereof.
Appears in 1 contract
Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, at its expense, will execute and deliver, in lieu of this Warrant, a new Warrant of like tenortenor and amount.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (NTN Communications Inc)
Replacement. On receipt of evidence reasonably satisfactory to the ----------- Company of the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond agreement reasonably satisfactory in to Company or, at the Company's option, upon delivery of some other reasonably satisfactory form and amount of assurance to the Company Company, or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, at its expense, Company will execute and deliver, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 1 contract
Samples: Series F Preferred Stock Purchase Agreement (Oxis International Inc)
Replacement. On receipt of evidence reasonably satisfactory to the Company Corporation of the loss, theft, destruction or mutilation of this Warrant and, warrant and in the case of loss, theft or destruction, on delivery of an indemnity agreement, agreement or bond reasonably satisfactory in form and amount to the Company Corporation or, in the case of mutilation, on surrender and cancellation of this Warrantwarrant, the CompanyCorporation, at its expense, will execute and deliver, deliver in lieu of this Warrant, Warrant a new Warrant warrant of like tenor.
Appears in 1 contract
Replacement. On Upon receipt by the Company of evidence reasonably satisfactory to the Company it of the loss, theft, destruction or mutilation of this any Warrant Certificate, and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond security reasonably satisfactory in form to it, and amount reimbursement to the Company orof all reasonable expenses incidental thereto, in the case of mutilation, on and upon surrender and cancellation of this the Warrant, if mutilated, the Company, at its expense, Company will execute make and deliverdeliver a new Warrant Certificate of like tenor, in lieu of this Warrant, a new Warrant of like tenorthereof.
Appears in 1 contract
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this oft his Warrant and, and (in the case of loss, theft or destruction, on ) upon delivery of an indemnity agreementagreement (without any obligation for surety or bond), or bond reasonably satisfactory in form and amount to the Company or, (in the case of mutilation, on ) upon surrender and cancellation of this Warrant, the Company, at its expense, Company will execute and deliverissue, in lieu of this Warrantthereof, a new Warrant of like tenor.
Appears in 1 contract
Samples: Warrant Agreement (Pro Dex Inc)
Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant and, in the case event of loss, theft or destructionsuch occurrence, on delivery of an indemnity agreement, agreement or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilationmutilations, on surrender and cancellation of this Warrant, the Company, at its the Warrant Holder’s expense, will execute and deliver, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 1 contract
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, and (in the case of loss, theft or destruction, on ) upon delivery of an indemnity agreementagreement (with surety if reasonably required) in an amount reasonably satisfactory to the Company, or bond reasonably satisfactory in form and amount to the Company or, (in the case of mutilation, on ) upon surrender and cancellation of this Warrant, the Company, at its expense, Company will execute and deliverissue, in lieu of this Warrantthereof, a new Warrant of like tenor..
Appears in 1 contract
Replacement. On Upon receipt by the Company of evidence reasonably satisfactory to the Company it of the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation destruction of this Warrant, and of indemnity and/or security reasonably satisfactory to it, or upon surrender of this Warrant if mutilated, the Company, at its expense, Company will execute make and deliverdeliver a new Warrant of like tenor, in lieu of this Warrant, a new . This Warrant of like tenor.shall be promptly canceled by the Company upon the surrender hereof in connection with any transfer or
Appears in 1 contract
Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, at its expensethe Holder’s expense (it being understood that any such expense must be reasonable), will execute and deliver, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Idt Venture Capital Corp)
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, and (in the case of loss, theft or destruction, on ) upon delivery of an indemnity agreementagreement (with surety if reasonably required) in an amount reasonably satisfactory to the Company, or bond reasonably satisfactory in form and amount to the Company or, (in the case of mutilation, on ) upon surrender and cancellation of this Warrant, the Company, at its expense, Company will execute and deliverissue, in lieu of this Warrantthereof, a new Warrant of like tenor.
Appears in 1 contract
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this a Warrant and, and (a) in the case of any such loss, theft or destruction, on destruction upon delivery of an indemnity agreement, or bond reasonably satisfactory to the Company in form and amount to the Company or, or (b) in the case of any such mutilation, on upon surrender and of such Warrant for cancellation at the principal office of this Warrantthe Company, the Company, at its expense, will execute and deliver, in lieu of this Warrantthereof, a new Warrant of like tenorWarrant.
Appears in 1 contract
Replacement. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant and, in the case of loss, theft or destruction, on delivery of an indemnity agreement, or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on surrender and cancellation of this Warrant, the Company, at its expensethe Holder's expense (it being understood that any such expense must be reasonable), will execute and deliver, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Document Security Systems Inc)
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction destruction, or mutilation of this Warrant and, in the case of loss, theft theft, or destruction, on upon delivery of an indemnity agreement, agreement or bond reasonably satisfactory in form and amount to the Company or, in the case of mutilation, on upon surrender and cancellation of this Warrant, the Company, at its expense, will execute and deliver, and the Warrant Agent will countersign, in lieu of this Warrant, a new Warrant of like tenor.
Appears in 1 contract
Replacement. On Upon receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant and, in the case of any such loss, theft or destruction, on upon delivery of an indemnity agreement, or bond agreement reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, on upon surrender and cancellation of this such Warrant, the Company, Company at its expense, expense will execute and deliver, in lieu of this Warrantthereof, a new Warrant warrant of like date and tenor.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (IndiePub Entertainment, Inc.)