Lost Certificate definition

Lost Certificate has the meaning set forth in Section 3.1(i).
Lost Certificate shall have the meaning given in Section 2.01. "Lynton Companies" shall mean Lynton Group, Jet Centre and Lynton Properties. "Lynton Group" shall have the meaning given to that term in the Preamble. "Lynton Properties" shall have the meaning given to that term in the Preamble. "Millennium America" shall have the meaning given to that term in the Preamble. "Notes" shall have the meaning given to that term in the Credit Agreement. "New Leasehold Mortgage Agreement" shall have the meaning given to that term in Section 4.03. "Obligations" shall (i) the "Obligations" as such term is defined in the Credit Agreement and (ii) to the extent not otherwise included in clause (i), the $500,000 loan made by HM Holdings to Lynton Group in October 1994, together with interest thereon, which loan is included in "the balance outstanding under revolving credit facility with HM Holdings" in Note 6 to Lynton Group's financial statements for the fiscal year ended September 30, 1995. "Person" shall mean an individual, corporation, partnership, trust, unincorporated association, joint venture, joint-stock company, Governmental Authority or any other entity. "Preferred Shares" shall have the meaning given to that term in Recital C. "Receipt and Release" shall have the meaning given to that term in Section 4.01. "Release of Liens" shall have the meaning given to that term in Section 2.01(c). "Solvent" means, with respect to any Person at any time, that at such time (a) the sum of the debts and liabilities (including, without limitation, contingent liabilities) of such Person is not greater than all of the assets of such Person at a fair valuation, (b) the present fair salable value of the assets of such Person is not less than the amount that will be required to pay the probable liability of such Person on its debts as they become absolute and matured, (c) such Person has not incurred, will not incur, does not intend to incur, and does not believe that it will incur, debts or liabilities (including, without limitation, contingent liabilities) beyond such person's ability to pay as such debts and liabilities mature, (d) such Person is not engaged in, and is not about to engage in, a business or a transaction for which such person's property constitutes or would constitute unreasonably small capital, and (e) such Person is not otherwise insolvent as defined in, or otherwise in a condition which could in any circumstances then or subsequently render any transfer, conveyance, obligatio...

Examples of Lost Certificate in a sentence

  • Any Lost Certificate Affidavit properly delivered in accordance with this Section 1.11(d) shall be treated as a Company Certificate for all purposes of this Agreement.

  • In the event the Holder provides the Corporation with a Notice of Conversion, but fails to provide the Corporation with the Preferred Stock Certificates or the Lost Certificate Materials (as defined in Section 12 below), by the end of the Delivery Period, the Notice of Conversion shall be considered void and the Corporation shall not be required to comply with such Notice of Conversion.

  • Any Lost Certificate Affidavit properly delivered in accordance with this Section 1.10(d) shall be treated as a Company Certificate for all purposes of this Agreement.

  • Upon receipt of such notice, each Holder shall surrender his, her or its certificate or certificates for all such shares (or, if such Holder alleges that such certificate has been lost, stolen or destroyed, a completed Lost Certificate) to the Corporation at the place designated in such written notice.

  • SIRE’s form of Lost Certificate Affidavit is available on its website.

  • In the event the Holder provides the Corporation with a Notice of Conversion, but fails to provide the Corporation with the Preferred Stock Certificates or the Lost Certificate Materials (as defined in Section 11 below), by the end of the Delivery Period, the Notice of Conversion shall be considered void and the Corporation shall not be required to comply with such Notice of Conversion.

  • Any new certificate issued in the place of any lost, destroyed, or mutilated certificate shall bear the notation “Issued for Lost Certificate No. .” Nothing in this Section contained shall impair the right of the Board of Directors, in its discretion, to refuse to replace any allegedly lost or destroyed certificate, save upon the order of the court having jurisdiction in the matter.

  • The Corporation shall not be obligated to issue shares of Common Stock upon a Holder Conversion unless either (x) the Preferred Stock Certificates; or (y) the Lost Certificate Materials described in Section 12, below have been previously received by the Corporation or its Transfer Agent.

  • The Corporation (or the Transfer Agent) shall not be obligated to issue shares of Common Stock upon a Conversion unless either (x) the Preferred Stock Certificates; or (y) the Lost Certificate Materials described in Section 12, below have been previously received by the Corporation or its Transfer Agent.

  • Following execution of the Joinder Agreement, the Company shall transfer all Company Shares, Company Certificates (or Lost Certificate Affidavits, if applicable) and applicable share power or transfer forms received from Seller hereunder to Pubco to hold in escrow pending the Closing.

Related to Lost Certificate

  • Gift certificate means a merchandise certificate conspicuously designated as a gift certificate, and purchased by a buyer for use by a person other than the buyer.

  • Payment Certificate means a payment certificate issued under Clause 14 [Contract Price and Payment].

  • Trust Certificate means a certificate evidencing the beneficial interest of a Person in the trust established by the Trust Agreement and substantially in the form attached as Exhibit A to such Trust Agreement.

  • Physical Certificate As specified in the Preliminary Statement.

  • Final Payment Certificate means the payment certificate issued under Sub-Clause 14.13 [Issue of Final Payment Certificate].

  • Class K Certificate means any of the Certificates with a "Class K" designation on the face thereof, substantially in the form of Exhibit A-4 attached hereto, and evidencing a portion of a class of "regular interests" in REMIC III for purposes of the REMIC Provisions.

  • Ownership Certificate An equity certificate representing a 100% undivided beneficial ownership interest in the Trust, substantially in the form attached as part of Exhibit A to the Trust Agreement.

  • Credit certificate means a certificate issued by the allocating agency to a taxpayer that specifies the amount of affordable housing tax credits that can be applied against the taxpayer’s individual or corporate income tax, or franchise, captive insurance premium, or insurance premium tax liability as provided in this subchapter.

  • Digital Certificate means an electronic device used to verify identity or protect electronic messages.

  • Residual Interest Certificate means any of the Class R-I Certificates, the Class R-II Certificates, the Class R-III Certificates or, if issued in accordance with Section 2.06, the Class R-LR Certificates.

  • Stock Certificate With respect to a Cooperative Loan, a certificate evidencing ownership of the Cooperative Shares issued by the Cooperative.

  • Interim Payment Certificate means a payment certificate issued under Clause 14 [Contract Price and Payment], other than the Final Payment Certificate.

  • Seller Certificate means a certificate of transfer delivered in connection with the transfer of a Trust Certificate pursuant to Section 3.04(a), substantially in the form of Exhibit B.

  • Lost Notes The original Mortgage Notes that have been lost, as indicated on the Mortgage Loan Schedule.

  • Vote Limit Certificate means a certificate in substantially the form attached hereto as Exhibit B which is delivered to the Company in accordance with Article 8.

  • Component Certificates As specified in the Preliminary Statement.

  • Class L Certificate means any of the Certificates with a "Class L" designation on the face thereof, substantially in the form of Exhibit A-4 attached hereto, and evidencing a portion of a class of "regular interests" in REMIC III for purposes of the REMIC Provisions.

  • Class J Certificate means any one of the Certificates with a "Class J" designation on the face thereof, substantially in the form of Exhibit A-4 attached hereto, and evidencing a portion of a class of "regular interests" in REMIC III for purposes of the REMIC Provisions.

  • Independent Certificate means a certificate or opinion to be delivered to the Indenture Trustee under the circumstances described in, and otherwise complying with, the applicable requirements of Section 11.1 of the Indenture, made by an independent appraiser or other expert appointed by an Issuer Order, and such opinion or certificate shall state that the signer has read the definition of “Independent” in this Appendix A and that the signer is Independent within the meaning thereof.

  • Final Certificate in relation to the work shall mean the certificate regarding the satisfactory compliance, performance and fulfillment of all Contractual Obligations as issued by the Head of SBU & PC – Rock Phosphate.

  • Company Certificate means a certificate of the Company signed by an Officer.

  • Class ___ Certificate Any Certificate executed and authenticated by the Trustee or the Authenticating Agent on behalf of the Depositor in substantially the form set forth in Exhibit ___ hereto. The Class __ Certificates have no Pass-Through Rate or Certificate Balance.

  • Physical Certificates As specified in the Preliminary Statement.

  • Provisional certificate shall have the meaning as set forth in Clause 12.2; “Punch List”shall have the meaning as set forth in Clause 12.2.1;

  • medical certificate means a certificate signed by a medical practitioner.

  • Final Test Certificate means the final test certificate issued by the owner within the provisions of the contract.