Common use of Issue in Substitution for Lost Certificates Etc Clause in Contracts

Issue in Substitution for Lost Certificates Etc. (1) If any Warrant Certificate becomes mutilated or is lost, destroyed or stolen, Crystallex, subject to applicable law and to subsection (2), will issue, and thereupon the Warrant Agent will certify and deliver, a new Warrant Certificate of like tenor as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such mutilated Warrant Certificate or in lieu of and in substitution for such lost, destroyed or stolen Warrant Certificate. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section will bear the reasonable cost of the issue thereof and in case of loss, destruction or theft will, as a condition precedent to the issue thereof: (a) furnish to Crystallex and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate to be replaced as is satisfactory to Crystallex and to the Warrant Agent in their discretion; (b) furnish an indemnity in amount and form satisfactory to Crystallex and to the Warrant Agent in their discretion; and (c) pay the reasonable charges of Crystallex and the Warrant Agent in connection therewith.

Issue in Substitution for Lost Certificates Etc. (1) If any Warrant Certificate becomes mutilated or is lost, destroyed or stolen, Crystallex, subject to applicable law and to subsection (2), will issue, and thereupon the Warrant Agent will certify and deliver, a new Warrant Certificate of like tenor as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such mutilated Warrant Certificate or in lieu of and in substitution for such lost, destroyed or stolen Warrant Certificate. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section will bear the reasonable cost of the issue thereof and in case of loss, destruction or theft will, as a condition precedent to the issue thereof: (a) furnish to Crystallex and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate to be replaced as is satisfactory to Crystallex and to the Warrant Agent in their discretion;; Back to Contents (b) furnish an indemnity in amount and form satisfactory to Crystallex and to the Warrant Agent in their discretion; and (c) pay the reasonable charges of Crystallex and the Warrant Agent in connection therewith.

Issue in Substitution for Lost Certificates Etc. (1) If any Warrant Certificate becomes mutilated or is lost, destroyed or stolen, Crystallex, subject to applicable law and to subsection paragraph (2), will issue, and thereupon the Warrant Agent will certify and deliver, a new Warrant Certificate of like tenor as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such mutilated Warrant Certificate or in lieu of and in substitution for such lost, destroyed or stolen Warrant Certificate. (2) The applicant for the issue of a new Warrant Certificate pursuant to this section will bear the reasonable cost of the issue thereof and in case of loss, destruction or theft will, as a condition precedent to the issue thereof: (a) furnish to Crystallex and to the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Warrant Certificate to be replaced as is satisfactory to Crystallex and to the Warrant Agent in their discretion; (b) furnish an indemnity in amount and form satisfactory to Crystallex and to the Warrant Agent in their discretion; and (c) pay the reasonable charges of Crystallex and the Warrant Agent in connection therewith.