Lost Instrument Affidavit definition
Examples of Lost Instrument Affidavit in a sentence
In the event that any Investor is unable to locate or retrieve any Warrant and tender such Warrant at the Closing, such Investor shall execute and deliver a Lost Instrument Affidavit in a form provided by the Company certifying that such Warrant cannot be located and indemnifying the Company a against any claim or loss arising out of failure to tender such Warrant.
At each such Closing, Company shall issue to each of the Investors participating in such Closing a new certificate representing the number of New Warrants subscribed for by such Investor, against such Investor’s tender of all Warrants held by such Investor (or, if such Warrants cannot be located by the Investor, such Investor shall tender a Lost Instrument Affidavit in a form provided by the Company).
Each Lost Note Affidavit or Lost Instrument Affidavit, as applicable, delivered to the Lender hereunder shall (i) attach a copy of the original Mortgage Note or, if available, a copy of the original Participation Certificate, as applicable, certified by applicable Borrower as a true, correct, and complete copy thereof, (ii) indemnify the Lender, and (iii) remain effective for all the Borrowers' and Lenders' successors and assigns.
At each such Closing, Company shall issue to each of the Investors participating in such Closing a stock certificate representing the number of Conversion Shares subscribed for by such Investor, against such Investor’s tender of all Warrants held by such Investor (or, if such Warrants cannot be located by the Investor, such Investor shall tender a Lost Instrument Affidavit in a form provided by the Company).
Each Lost Note Affidavit or Lost Instrument Affidavit, as applicable, delivered to the Lender hereunder shall (i) attach a copy of the original Mortgage Note or, if available, a copy of the original Participation Certificate, as applicable, certified by applicable Borrower as a true, correct, and complete copy thereof, (ii) indemnify the Lender, and (iii) remain effective for all the Borrower's and Lenders' successors and assigns.
The undersigned understands that payment for surrendered Shares will be made as promptly as practicable upon the later of (i) the Closing (as defined in the Merger Agreement) and (ii) such date subsequent to the Closing as this Payment Instruction Letter accompanied by the Certificates (or a Lost Instrument Affidavit in respect of such Certificate(s)) is delivered to the Paying Agent.