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, 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: Exercise Agreement (Montrose Environmental Group, Inc.), Exercise Agreement (Netlist Inc), Montrose Environmental Group, 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, 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 5 contracts
Samples: Exercise Agreement (Corvis Corp), Exercise Agreement (Boston Chicken Inc), Exercise Agreement (Boston Chicken 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, Warrant or, in the case of any such mutilation upon surrender of such certificatecertificate to the Company, the Company shall will (at its the Registered Holder’s 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: Credit Agreement (Response Genetics Inc), Credit Agreement (SWK Holdings Corp), Credit Agreement (Response Genetics 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, Company or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) will 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: Agreement and Plan of Merger (Patterson Energy Inc), Non Competition Agreement (Patterson Energy Inc), Agreement and Plan of Merger (Patterson Energy Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered a 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, or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expensethe expense of such Holder) 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: Edison Schools Inc, Edison Schools Inc, Edison Schools Inc
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Holdings (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, Holdings or, in the case of any such mutilation upon surrender of such certificate, Holdings shall, at the Company shall (at its expense) expense of the Registered Holder, 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: Securities Purchase Agreement (STC Broadcasting Inc), Securities Purchase Agreement (STC Broadcasting Inc), Securities Purchase Agreement (STC Broadcasting Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder shall be being deemed 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, 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 3 contracts
Samples: Exercise Agreement (Imco Recycling Inc), Input Output Inc, SCF Iv 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 Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company, Company or, in the case of any such mutilation upon surrender of such certificateWarrant, the Company shall (at its expense) execute and deliver in lieu of such certificate Warrant a new certificate Warrant 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: Rubicon Financial Inc, Underwriting Agreement (EnerJex Resources, Inc.), Baseline Oil & Gas Corp.
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, Warrant and in the case upon delivery of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company, Company or, in the case of any such mutilation upon surrender of such certificatecertificate to the Company, the Company shall will (at its the Registered Holder’s 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; provided, that, in the case of mutilation, no indemnity shall be required if this Warrant in identifiable form is surrendered to the Company for cancellation.
Appears in 3 contracts
Samples: Hooper Holmes Inc, Hooper Holmes Inc, Hooper Holmes Inc
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Warrant Holder shall be being 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, or, in the case of any such mutilation upon surrender of such certificate, the Company shall will (at its the Warrant Holder's 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: Performance Warrant Agreement (Hewlett Packard Co), Acquisition Warrant Agreement (Hewlett Packard Co)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder Motorola 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 a Motorola indemnity agreement reasonably satisfactory to the 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 2 contracts
Samples: Iridium World Communications LTD, Iridium LLC
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, or, or in the case of any such mutilation upon surrender of such certificate, the Company shall (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: Geospatial Holdings, Inc., Geospatial Holdings, Inc.
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Trust (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 satisfactory to the CompanyTrust, or, or in the case of any such mutilation upon surrender of such certificate, the Company Trust shall (at its his 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 2 contracts
Samples: Exercise Agreement (Third Capital LLC), Turkey Vulture Fund Xiii LTD
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 CompanyCompany (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 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 lostloss, stolen, destroyed or mutilated certificate and dated the date of such lostloss, stolen, destroyed or mutilated certificate.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Lifecell Corp), Lifecell 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 an indemnity reasonably satisfactory to the 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 2 contracts
Samples: Exercise Agreement (Korn Ferry International), Exercise Agreement (Bearingpoint Inc)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (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 CompanyCorporation, 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 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: ITP Energy Corp
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the a 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, or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expensethe expense of such Registered Holder) 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: Juliana Mining Co 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, 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
Samples: Plug Power 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, 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: Wec Co
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Holdings (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, Holdings or, in the case of any such mutilation upon surrender of such certificate, Holdings shall, at the Company shall (at its expense) expense of the Registered Holder, 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 the certificate evidencing this Warrant, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company, Company or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its expense) execute and deliver deliver, in lieu of such certificate thereof, 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: Warrant and Repurchase Agreement (Polydex Pharmaceuticals LTD/Bahamas)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company LIN (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, LIN or, in the case of any such mutilation upon surrender of such certificate, LIN shall, at the Company shall (at its expense) expense of the Registered Holder, 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: Exercise Agreement (Lin Tv 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, or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its the Registered Holder's 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: Exercise Agreement (Nephros 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 and, in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the Company, 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 the Registered Holder's indemnity reasonably satisfactory to the Company, agreement 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: Cypress Bioscience Inc
Replacement. Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Registered Holder generally shall be satisfactory, provided in the case of mutilation the mutilated certificate shall be returned to the Company) 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, or, in the case of any such mutilation upon surrender of such certificate, the Company shall (at its the Holder's expense) execute and deliver deliver, in lieu of such certificate thereof, 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, and shall cancel the original certificate.
Appears in 1 contract
Samples: Shareholder Offer Agreement (Service Systems International LTD)
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, 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, 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: Hines Horticulture 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 an indemnity reasonably satisfactory to the Company, or, or in the case of any such mutilation mutilation, upon surrender and cancellation 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 tenor and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Registration Rights Agreement (Brickell Biotech, Inc.)
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Corporation (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 satisfactory to the CompanyCorporation, or, or in the case of any such mutilation mutilation, upon surrender and cancellation 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 represented by such lost, stolen, destroyed or mutilated certificate tenor and dated the date of such lost, stolen, destroyed or mutilated certificate.
Appears in 1 contract
Samples: Canfield Medical Supply, 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 this Warrant or 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, or, in the case of any such mutilation upon surrender of this Warrant or such certificate, the Company shall (at its expensethe expense of the Registered Holder) execute and deliver in lieu of this Warrant or such certificate a new warrant or certificate of like kind representing the same rights represented by such lost, stolen, destroyed or mutilated Warrant or certificate and dated the date of such lost, stolen, destroyed or mutilated Warrant or certificate.
Appears in 1 contract
Replacement. Upon receipt of evidence reasonably satisfactory to the Company Issuer (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 Option, and in the case of any such loss, theft or destruction, upon receipt of indemnity reasonably satisfactory to the CompanyIssuer, or, in the case of any such mutilation upon surrender of such certificate, the Company Issuer 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