Common use of Loss, Theft, Destruction or Mutilation Clause in Contracts

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Warrant and (in the case of loss, theft, or destruction) of indemnity satisfactory to it (in the exercise of its reasonable discretion), and (in the case of mutilation) upon surrender and cancellation thereof, the Company will execute and deliver, in lieu thereof, a new Warrant in the same form and tenor.

Appears in 4 contracts

Samples: Warrant Agreement (Velocity Asset Management Inc), Healthequity Inc, Healthequity Inc

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Loss, Theft, Destruction or Mutilation. Upon receipt by the Company -------------------------------------- of reasonable evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this a Warrant Certificate and (in the case of loss, theft, or destruction) of reasonable indemnity satisfactory to it (in the exercise of its reasonable discretion), and (in the case of mutilation) upon surrender and cancellation thereof, the Company will execute and deliver, in lieu thereof, a new Warrant in the same form and Certificate of like tenor.

Appears in 4 contracts

Samples: Divicore Inc, Divicore Inc, Divicore Inc

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company COMPANY of evidence reasonably satisfactory to it it, (in the exercise of its reasonable discretion), of the ownership of and the loss, theft, destruction destruction, or mutilation of this Warrant a WARRANT, and (in the case of loss, theft, or destruction) of indemnity satisfactory to it (in the exercise of its reasonable discretion), and (in the case of mutilation) upon surrender and cancellation thereof, the Company COMPANY will execute and deliver, in lieu thereof, a new Warrant in the same form and WARRANT for like tenor.

Appears in 4 contracts

Samples: Warrant Agreement (Fidelity Holdings Inc), Independent Directors Warrant Agreement (Global Resource CORP), Warrant Agreement (Proguard Acquisition CORP)

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence reasonably satisfactory to it (in the exercise of its reasonable discretion) of the ownership of and the loss, theft, destruction or mutilation of this Warrant and (in the case of loss, theft, theft or destruction) of an indemnity satisfactory to it (in the exercise of its reasonable discretion), and (in the case of mutilation) upon surrender and cancellation thereof, the Company will execute and deliver, in lieu thereof, a new Warrant in the same form and of like tenor.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Superconductive Components Inc), Common Stock Purchase Warrant (Superconductive Components Inc), Common Stock Purchase Warrant (Superconductive Components Inc)

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of reasonable evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Warrant Agreement and (in the case of loss, theft, or destruction) of reasonable indemnity satisfactory to it (in the exercise of its reasonable discretion), and (in the case of mutilation) upon surrender and cancellation thereof, the Company will execute and deliver, in lieu thereof, a new Warrant in the same form and Agreement of like tenor.

Appears in 2 contracts

Samples: Stock Option Agreement (Mego Mortgage Corp), Stock Option Agreement (Mego Mortgage Corp)

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Warrant and (and, in the case of loss, theft, theft or destruction) , of indemnity satisfactory to it (in the exercise of its reasonable discretion)Company and, and (in the case of mutilation) , upon surrender and cancellation thereof, the Company will execute and deliver, in lieu thereof, deliver a new Warrant in of like tenor dated the same form and tenordate hereof.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Autobytel Inc), Agreement and Plan of Merger (Autobytel Inc)

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Warrant Certificate and (in the case of loss, theft, or destruction) of indemnity satisfactory to it (in the exercise of its reasonable discretion), and (in the case of mutilation) upon surrender and cancellation thereof, the Company will execute and deliver, in lieu thereof, a new Warrant in the same form and tenor.

Appears in 2 contracts

Samples: Stockholders Agreement (Healthequity Inc), Healthequity Inc

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Warrant and (and, in the case of loss, theft, theft or destruction) , of indemnity reasonably satisfactory to it (in the exercise of its reasonable discretion)Company and, and (in the case of mutilation) , upon surrender and cancellation thereof, the Company will execute and deliver, in lieu thereof, deliver a new Warrant in of like tenor dated the same form and tenordate hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Unify Corp), Loan and Security Agreement (Daegis Inc.)

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company -------------------------------------- of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Warrant Warrant, and (in the case of loss, theft, theft or destruction) of indemnity reasonably satisfactory indemnification to it (in the exercise of its reasonable discretion), and Company or (in the case of mutilation) upon presentation of this Warrant for surrender and cancellation thereofcancellation, the Company will execute and deliver, in lieu thereof, deliver a new Warrant in the same form identical hereto and tenorany such lost, stolen, destroyed or mutilated Warrant shall thereupon become void.

Appears in 1 contract

Samples: Warrant Agreement (Harrys Farmers Market Inc)

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of reasonable evidence reasonably satisfactory to it of the ownership of and the loss, theft, theft,\ destruction or mutilation of this Warrant and (in the case of loss, theft, theft or destruction) of reasonable indemnity satisfactory to it (in the exercise of its reasonable discretion), and (in the case of mutilation) upon surrender and cancellation thereof, the Company will execute and deliver, in lieu thereof, thereof a new Warrant in the same form and of like tenor.

Appears in 1 contract

Samples: Preferred Stock and Warrant Agreement (Cytrx Corp)

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Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of satisfactory evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Warrant warrant and either (in the case of loss, theft, theft or destruction) of indemnity satisfactory to it (in the exercise of its reasonable discretion), and indemnification or (in the case of mutilation) upon the surrender and cancellation thereofof this Warrant for cancellation, the Company will execute and deliverdeliver to the Holder, in lieu thereofwithout charge, a new Warrant in the same form and tenorof like denomination.

Appears in 1 contract

Samples: Osi Pharmaceuticals Inc

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of satisfactory evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Warrant and either (in the case of loss, theft, theft or destruction) of indemnity satisfactory to it (in the exercise of its reasonable discretion), and indemnification or (in the case of mutilation) upon the surrender and cancellation thereofof this Warrant for cancellation, the Company will execute and deliverdeliver to the Holder, in lieu thereofwithout charge, a new Warrant in the same form and tenorof like denomination.

Appears in 1 contract

Samples: Alpha Microsystems

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of -------------------------------------- reasonable evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this a Warrant Certificate and (in the case of loss, theft, or destruction) of reasonable indemnity satisfactory to it (in the exercise of its reasonable discretion), and (in the case of mutilation) upon surrender and cancellation thereof, the Company will execute and deliver, in lieu thereof, a new Warrant in the same form and Certificate of like tenor.

Appears in 1 contract

Samples: Divicore Inc

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence reasonably satisfactory to it (in the exercise of its reasonable discretion) of the ownership of and the loss, theft, destruction or mutilation of this Warrant and (in the case of loss, theft, theft or destruction) of an indemnity from the Holder satisfactory to it the Company (in the exercise of its reasonable discretion), and (in the case of mutilation) upon surrender and cancellation thereof, the Company Company, at its expense, will execute and deliver, deliver to the Holder in lieu thereof, a new Warrant in the same form and of like tenor.

Appears in 1 contract

Samples: Daou Systems Inc

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of -------------------------------------- reasonable evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Warrant and (in the case of loss, theft, theft or destruction) of reasonable indemnity satisfactory to it (in the exercise of its reasonable discretion), and (in the case of mutilation) upon surrender and cancellation thereof, the Company will execute and deliver, in lieu thereof, thereof a new Warrant in the same form and of like tenor.

Appears in 1 contract

Samples: Preferred Stock and Warrant Agreement (Zynaxis Inc)

Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Warrant and (and, in the case of loss, theft, theft or destruction) , of indemnity reasonably satisfactory to it (in the exercise of its reasonable discretion)Company and, and (in the case of mutilation) , upon surrender and cancellation thereof, the Company will execute and deliver, in lieu thereof, deliver a new Warrant in of like tenor dated the same form and tenordate hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Cca Industries Inc)

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