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

Issue in Substitution for Lost Certificates. 2.8.1 If a Warrant Certificate that is issued and certified becomes mutilated or is lost, destroyed or stolen, the Company , subject to applicable law and subject to subsection 2.8.2, will issue and thereupon the Warrant Agent will countersign or certify and deliver a new certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of the mutilated certificate or in lieu of and in substitution for the lost, destroyed or stolen certificate, and the substituted Warrant Certificate shall entitle the holder thereof to the same rights and benefits and will bear the same legends, if applicable, as the certificate being replaced and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. 2.8.2 The applicant for the issue of a new certificate pursuant to this section will bear the cost of the issue thereof and in case of loss, destruction or theft will, as a condition precedent to the issue thereof furnish to the Company and the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the certificate to be replaced as is satisfactory to the Company and to the Warrant Agent in their discretion. 2.8.3 The Warrant Agent and the Company may require such applicant to furnish an indemnity and surety bond in amount and form satisfactory to the Company and to the Warrant Agent, in their discretion, and the applicant shall pay the reasonable charges of the Company and the Warrant Agent in connection therewith.

Issue in Substitution for Lost Certificates. 2.8.1 (a) If a Warrant Certificate that is issued and certified becomes mutilated or is lost, destroyed or stolen, the Company Corporation, subject to applicable law and subject to subsection 2.8.2(b), will issue and thereupon the Warrant Agent will countersign or certify and deliver a new certificate of like denomination, date and tenor and bearing the same legends as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of the mutilated certificate or in lieu of and in substitution for the lost, destroyed or stolen certificate, and the substituted Warrant Certificate shall entitle the holder thereof to the same rights and benefits and will bear the same legends, if applicableany, as the certificate being replaced and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. 2.8.2 (b) The applicant for the issue of a new certificate pursuant to this section Section 2.11 will bear the cost of the issue thereof and in case of loss, destruction or theft will, as a condition precedent to the issue thereof thereof: (i) furnish to the Company Corporation and the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the certificate to be replaced as is satisfactory to the Company Corporation and to the Warrant Agent in their discretion.; 2.8.3 The Warrant Agent and the Company may require such applicant to (ii) if so required, furnish an indemnity and surety bond in amount and form satisfactory to the Company Corporation and to the Warrant Agent, in their discretion, and the applicant shall ; and (iii) pay the reasonable charges of the Company Corporation and the Warrant Agent in connection therewith.

Issue in Substitution for Lost Certificates. 2.8.1 (1) If a Warrant Certificate that is issued and certified becomes mutilated or is lost, destroyed or stolen, the Company Company, subject to applicable law and subject to subsection 2.8.2(2), will issue and thereupon the Warrant Agent will countersign or certify and deliver a new certificate of like denomination, date and tenor as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of the mutilated certificate or in lieu of and in substitution for the lost, destroyed or stolen certificate, and the substituted Warrant Certificate shall entitle the holder thereof to the same rights and benefits and will bear the same legends, if applicableany, as the certificate being replaced and shall rank equally in accordance with its terms with all other Warrant Certificates issued or to be issued hereunder. 2.8.2 (2) The applicant for the issue of a new certificate pursuant to this section will bear the cost of the issue thereof and in case of loss, destruction or theft will, as a condition precedent to the issue thereof thereof: (a) furnish to the Company and the Warrant Agent such evidence of ownership and of the loss, destruction or theft of the certificate to be replaced as is satisfactory to the Company and to the Warrant Agent in their discretion.; 2.8.3 The Warrant Agent and the Company may require such applicant to (b) furnish an indemnity and surety bond security in amount and form satisfactory to the Company and to the Warrant Agent, in their discretion, and the applicant shall ; and (c) pay the reasonable charges of the Company and the Warrant Agent in connection therewith.