STOLEN OR DESTROYED CERTIFICATES. In the event any Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent, the posting by such Person of a bond in customary amount as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the shares of Parent Common Stock and any cash payable and any unpaid dividends or other distributions in respect thereof pursuant to Section 4.2(c) upon due surrender of and deliverable in respect of the Shares represented by such Certificate pursuant to this Agreement
STOLEN OR DESTROYED CERTIFICATES. The board of directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the corporation alleged to have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost, stolen or destroyed. When authorizing such issue of a new certificate or certificates, the board of directors may, in its discretion and as a condition precedent to the issuance thereof, require the owner of such lost, stolen or destroyed certificate or certificates, or his or her legal representative, to advertise the same in such manner as it shall require and/or give the corporation a bond in such sum as it may direct as indemnity against any claim that may be made against the corporation with respect to the certificate alleged to have been lost, stolen or destroyed.
STOLEN OR DESTROYED CERTIFICATES. The Board may establish that new certificates be issued in place of any certificate or certificates issued to date by the Company that have been declared to be lost, stolen or destroyed, by preparing a sworn statement to do in an acceptable manner to the Board or the person who claims the certificate or certificates have been lost, stolen or destroyed. The Board, at its discretion and as prior condition for the issuance of any new certificate or certificates, may require that the owner of the lost, stolen or destroyed certificate or certificates, or their legal representative, provide the Company or its agent or agents in charge of transfers, registration or registrations a title in such manner and amount as specified by the Board, as indemnification for all claims that may arise against the Company and its transfer or registration agent or agents with respect to the loss, theft or destruction of any certificate or the issuance of a new one. ARTICLE 7
STOLEN OR DESTROYED CERTIFICATES. If any certificate evidencing shares of Company Common Stock shall have been lost, stolen or destroyed, XxXxxx shall cause to be issued in exchange for such lost, stolen or destroyed certificate, upon the making of an affidavit of that fact by the holder thereof, such shares of XxXxxx Common Stock and cash, if any, as may be required pursuant to this Article II; PROVIDED, HOWEVER, that XxXxxx may, in its reasonable discretion and as a condition precedent to the issuance thereof, require the owner of such lost, stolen or destroyed certificate to deliver a bond in such sum as it may reasonably direct as indemnity against any claim that may be made against XxXxxx or the Surviving Corporation with respect to the certificate alleged to have been lost, stolen or destroyed.
STOLEN OR DESTROYED CERTIFICATES. In the event any Certificates evidencing shares of STB Common Stock shall have been lost, stolen or destroyed, the holder of such lost, stolen or destroyed Certificate(s) shall execute an affidavit of that fact upon request. The holder of any such lost, stolen or destroyed Certificate(s) shall also deliver a bond in such sum as 3Dfx may reasonably require as indemnity against any claim that may be made against 3Dfx or the Exchange Agent with respect to the Certificate(s) alleged to have been lost, stolen or destroyed. The affidavit and any bond which may be required hereunder shall be delivered to the Exchange Agent, who shall be responsible for making payment for such lost, stolen or destroyed Certificate(s).
STOLEN OR DESTROYED CERTIFICATES. In the event any Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Corporation, the posting by such Person of a bond in customary amount and upon such terms as Parent may determine are necessary as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration pursuant to this Agreement.
STOLEN OR DESTROYED CERTIFICATES. Any holder whose certificate for Existing Notes have been mutilated, lost, stolen or destroyed should contact the Exchange Agent at the address indicated above, for further instructions.
STOLEN OR DESTROYED CERTIFICATES. After the Effective Time, there shall be no transfer on the stock transfer books of the Purchaser of shares of iNet Stock that were registered as outstanding immediately prior to the Effective Time. If any registered certificate for iNet shall have been lost, stolen or destroyed the Purchaser, upon making of an affidavit signed by the Person claiming such certificate to have been lost, stolen or destroyed and setting forth the facts and other information relating to such loss or destruction shall, subject to the provisions of this Section 2.4.4, deliver a stock certificate for the appropriate number of shares of Peoplesway Common Stock in exchange for and conversion of, the iNet Stock represented by such certificate in accordance with Section 2.1 of this Agreement to the Person(s) legally entitled thereto. The Purchaser, in the sole discretion of its board of directors and as a condition precedent to the delivery of the shares of Peoplesway Common Stock in exchange for, and conversion of, the shares of iNet Stock represented by such certificate, may require the owner of such lost, stolen or destroyed certificate to provide a bond or other security in such sum as it reasonably may direct as indemnity against any claim that may be made against the Purchaser with respect to the certificate alleged to have been so lost, stolen or destroyed.
STOLEN OR DESTROYED CERTIFICATES. In the event that any Certificates shall have been lost, stolen or destroyed, the Exchange Agent shall issue in exchange for such lost, stolen or destroyed Certificates, upon the making of an affidavit of that fact by the holder thereof, such shares of Newco Common Stock, cash for fractional shares, if any, as may be required pursuant to Section 1.7 and any dividends or distributions payable pursuant to Section 1.12(c); PROVIDED, HOWEVER, that Newco may, in its discretion and as a condition precedent to the issuance thereof, require the owner of such lost, stolen or destroyed Certificates to deliver a bond in such sum as it may reasonably direct as indemnity against any claim that may be made against Newco or the Exchange Agent with respect to the Certificates alleged to have been lost, stolen or destroyed.
STOLEN OR DESTROYED CERTIFICATES. In the event any certificate representing shares of D-M Xxxmon Stock shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such certificate to be lost, stolen or destroyed and, if required by the Surviving Corporation, the posting by such Person of a bond in such reasonable amount as the Surviving Corporation may direct as indemnity against any claim that may be made against it with respect to such certificate, the Surviving Corporation will issue in exchange for such lost, stolen or destroyed certificate a new certificate that may be surrendered pursuant to this Section 2.4.
