Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Consideration, deliverable in respect thereof as determined in accordance with this Article III.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (APX Group Holdings, Inc.), Agreement and Plan of Merger (Mosaic Acquisition Corp.)
Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Common Stock Consideration or the applicable Per Share Preferred Stock Consideration, as the case may be, deliverable in respect thereof as determined in accordance with this Article III.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Trine Acquisition Corp.), Agreement and Plan of Merger (Desktop Metal, Inc.)
Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Stock Consideration or the Per Share Cash Consideration, as the case may be, deliverable in respect thereof as determined in accordance with this Article III.
Appears in 1 contract
Samples: Agreement and Plan of Merger (North Mountain Merger Corp.)
Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Consideration, as the case may be, deliverable in respect thereof as determined in accordance with this Article IIIII.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Roth CH Acquisition II Co)
Lost Certificate. In the event If any Company Certificate has shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by AcquirorParent, the provision posting by such Person of a bond, in such reasonable and customary amount as Parent may direct, as indemnity against any claim that may be made against Acquiror it with respect to such Company Certificate, and Acquiror shall the Exchange Agent will promptly issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Consideration, deliverable in respect thereof as determined in accordance with this Article III.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Clayton Williams Energy Inc /De)
Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Closing Consideration, deliverable in respect thereof as determined in accordance with this Article III.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Property Solutions Acquisition Corp.)
Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Consideration, deliverable in respect thereof as determined in accordance with this Article IIISection 3.01(b).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Graf Acquisition Corp. IV)
Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Consideration, deliverable in respect thereof as determined in accordance with this Article III.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Graf Industrial Corp.)
Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person the Company Stockholder of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and then Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Consideration, Consideration deliverable in respect thereof as determined in accordance with this Article III.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Churchill Capital Corp II)
Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by AcquirorParent, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror Parent with respect to such Company Certificate, and Acquiror Parent shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Company Common Stock Consideration or the Per Share Company Preferred Stock Consideration, as applicable, and the Earn Out Shares deliverable in respect thereof as determined in accordance with this Article III.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Gores Holdings VI, Inc.)
Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Consideration, deliverable in respect thereof as determined in accordance with this Article III.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ventoux CCM Acquisition Corp.)
Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by AcquirorHoldings, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror Holdings with respect to such Company Certificate, and Acquiror Holdings shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Jersey Merger Consideration, deliverable in respect thereof as determined in accordance with this Article IIIII.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Churchill Capital Corp)
Lost Certificate. In the event If any Company Certificate has shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by AcquirorParent, the provision posting by such Person of a bond, in such reasonable and customary amount as Parent may direct, as indemnity against any claim that may be made against Acquiror it with respect to such Company Certificate, and Acquiror shall the Exchange Agent will promptly issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Consideration, deliverable in respect thereof as determined in accordance with this Article III.. (d)
Appears in 1 contract
Samples: Agreement and Plan of Merger (Southwest Royalties Inc Income Fund Vi)
Lost Certificate. In the event any Company Certificate has been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Acquiror, the provision by such Person of a customary indemnity against any claim that may be made against Acquiror with respect to such Company Certificate, and Acquiror shall issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger applicable portion of the Total Consideration, deliverable in respect thereof as determined in accordance with this Article III.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Osprey Technology Acquisition Corp.)
Lost Certificate. In the event If any Company Certificate has shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person person claiming such Company Certificate to be lost, stolen or destroyed and, if required by AcquirorParent, the provision posting by such Person person of a bond, in such reasonable and customary amount as Parent may direct, as indemnity against any claim that may be made against Acquiror it with respect to such Company Certificate, and Acquiror shall the Exchange Agent will promptly issue in exchange for such lost, stolen or destroyed Company Certificate the Per Share Merger Consideration, deliverable in respect thereof as determined in accordance with this Article III.
Appears in 1 contract
