Common use of Loss, Theft, Etc Clause in Contracts

Loss, Theft, Etc. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate (which evidence shall be, in the case of the Purchaser or another institutional investor, notice from such institutional investor of such ownership (or of ownership by such institutional investor's nominee) and such loss, theft, destruction or mutilation), and: (i) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company; provided, however, that if the holder of such Warrant Certificate is the Purchaser or another institutional investor, or a nominee of the Purchaser or another institutional investor, the Purchaser's or institutional investor's own unsecured agreement of indemnity shall be deemed to be satisfactory; or (ii) in the case of mutilation, upon surrender and cancellation thereof; the Company at its own expense will execute and deliver, in lieu thereof, a new Warrant Certificate, dated the date of such lost, stolen, destroyed or mutilated Warrant Certificate and of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate.

Loss, Theft, Etc. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate (which evidence shall be, in the case of the any Purchaser or another institutional investor, notice from such institutional investor of such ownership (or of ownership by such institutional investor's nominee) and such loss, theft, destruction or mutilation), and: (i) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company; providedPROVIDED, howeverHOWEVER, that if the holder of such Warrant Certificate is the Purchaser an institutional investor or another institutional investora Purchaser, or a nominee of the Purchaser an institutional investor or another institutional investora Purchaser, the such Purchaser's or institutional investor's own unsecured agreement of indemnity shall be deemed to be satisfactory; or (ii) in the case of mutilation, upon surrender and cancellation thereof; the Company at its own expense will execute and deliver, in lieu thereof, a new Warrant Certificate, dated the date of such lost, stolen, destroyed or mutilated Warrant Certificate and of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate.

Loss, Theft, Etc. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate (which evidence shall be, in the case of the Purchaser any Holder or another institutional investor, notice from such institutional investor of such ownership (or of ownership by such institutional investor's nominee) and such loss, theft, destruction or mutilation), and: (i) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company; provided, however, that if the holder of such Warrant Certificate is the Purchaser an institutional investor or another institutional investora Holder, or a nominee of the Purchaser an institutional investor or another institutional investora Holder, the Purchasersuch Holder's or institutional investor's own unsecured agreement of indemnity shall be deemed to be satisfactory; or (ii) in the case of mutilation, upon surrender and cancellation thereof; the Company at its own expense will execute and deliver, in lieu thereof, a new Warrant Certificate, dated the date of such lost, stolen, destroyed or mutilated Warrant Certificate Certificate, evidencing the same Series and of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate.

Loss, Theft, Etc. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of of, and the loss, theft, destruction or mutilation of of, any Warrant Certificate (which evidence shall be, in the case of the Purchaser or another institutional investora Purchaser, notice from such institutional investor Purchaser of such ownership (or of ownership by such institutional investor's Purchaser’s nominee) and such loss, theft, destruction or mutilation), and: (i) in the case of loss, theft or destruction, an affidavit of loss, together with indemnity reasonably satisfactory to the Company; provided, however, that if the holder of such Warrant Certificate is the Purchaser or another institutional investora Purchaser, or a nominee of the Purchaser or another institutional investorsuch Purchaser, the such Purchaser's or institutional investor's ’s own unsecured agreement of indemnity together with its affidavit of loss, shall be deemed to be satisfactory; or (ii) in the case of mutilation, upon surrender and cancellation thereof; the Company at its own expense will execute and deliver, in lieu thereof, a new Warrant Certificate, dated the date of such lost, stolen, destroyed or mutilated Warrant Certificate and of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant CertificateCertificate and evidencing the same Denomination as the Warrant Certificate so lost, stolen, destroyed or mutilated.

Loss, Theft, Etc. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate (which evidence shall be, in the case of the any Purchaser or another institutional investor, notice from such institutional investor of such ownership (or of ownership by such institutional investor's nominee) and such loss, theft, destruction or mutilation), and: (i) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company; provided, however, that if the holder of such Warrant Certificate is the Purchaser an institutional investor or another institutional investora Purchaser, or a nominee of the Purchaser an institutional investor or another institutional investora Purchaser, the Purchaser's or institutional investor's own unsecured agreement of indemnity shall be deemed to be satisfactory; or (ii) in the case of mutilation, upon surrender and cancellation thereof; the Company at its own expense will execute and deliver, in lieu thereof, a new Warrant Certificate, dated the date of such lost, stolen, destroyed or mutilated Warrant Certificate and of like tenor, in lieu of the lost, stolen, destroyed or mutilated Warrant Certificate.