Common use of Lost Certificates Clause in Contracts

Lost Certificates. Except as provided in this Section 7.4, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 24 contracts

Samples: Merger Agreement (BYTE Acquisition Corp.), Transition Services Agreement (Ligand Pharmaceuticals Inc), Agreement and Plan of Merger (ION Acquisition Corp 2 Ltd.)

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Lost Certificates. Except as provided in this Section 7.46.3, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation Company and cancelled at the same time. The Corporation Company may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation Company may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation Company a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 8 contracts

Samples: Business Combination Agreement and Plan of Reorganization (Decarbonization Plus Acquisition Corp III), Registration Rights Agreement (Minerva Surgical Inc), Agreement and Plan of Merger and Reorganization (Amprius Technologies, Inc.)

Lost Certificates. Except as provided in this Section 7.46.3, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 6 contracts

Samples: Business Combination Agreement (Adara Acquisition Corp.), Agreement and Plan of Merger (Asv Holdings, Inc.), Agreement and Plan of Merger (Procera Networks, Inc.)

Lost Certificates. Except as provided in this Section 7.4section 6.3, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation Company and cancelled at the same time. The Corporation Company may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation Company may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation Company a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Coherent Inc), Agreement and Plan of Merger (IMARA Inc.), Agreement and Plan of Merger (Ii-Vi Inc)

Lost Certificates. Except as provided in this Section 7.4, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may, in addition to any other requirements as may be imposed by the Corporation, require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 3 contracts

Samples: Business Combination Agreement (ITHAX Acquisition Corp.), Registration Rights Agreement (Northern Genesis Acquisition Corp. II), Agreement and Plan of Merger (DFP Healthcare Acquisitions Corp.)

Lost Certificates. Except as provided in this Section 7.48.5, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation corporation may issue a new certificate of stock or notice of uncertificated shares stock in the place of any certificate theretofore previously issued by it, alleged to have been lost, stolen or destroyed, and the Corporation corporation may require the owner of the lost, stolen or destroyed certificate, or such the owner’s legal representative, to give the Corporation corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (AvidXchange Holdings, Inc.), www.orrick.com, media.orrick.com

Lost Certificates. Except as provided in this Section 7.48.6, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled canceled at the same time. The Corporation may issue a new board of directors may, in case any share certificate of stock or uncertificated shares in the place of certificate for any certificate theretofore issued by it, alleged to have been other security is lost, stolen or destroyed, authorize the issuance of replacement certificates on such terms and conditions as the Corporation board may require; the board may require the owner indemnification of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation corporation secured by a bond or other adequate security sufficient to indemnify it protect the corporation against any claim that may be made against it it, including any expense or liability, on account of the alleged loss, theft or destruction of any such the certificate or the issuance of such new certificate or uncertificated sharesthe replacement certificate.

Appears in 2 contracts

Samples: Recapitalization Agreement (Mapquest Com Inc), Agreement and Plan of Merger (Electro Pulse Technologies Commercial Inc)

Lost Certificates. Except as provided in this Section 7.47.5, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cytokinetics Inc), Securities Purchase Agreement (Boulder Specialty Brands, Inc.)

Lost Certificates. Except as provided in this Section 7.48.5, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation may issue a new board of directors may, in case any share certificate of stock or uncertificated shares in the place of certificate for any certificate theretofore issued by it, alleged to have been other security is lost, stolen or destroyed, authorize the issuance of replacement certificates on such terms and conditions as the Corporation board may require; the board may require the owner indemnification of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation corporation secured by a bond or other adequate security sufficient to indemnify it protect the corporation against any claim that may be made against it it, including any expense or liability, on account of the alleged loss, theft or destruction of any such the certificate or the issuance of such new certificate or uncertificated sharesthe replacement certificate.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Lightspan Partnership Inc), Stock Purchase Agreement (Lightspan Partnership Inc)

Lost Certificates. Except as provided in this Section 7.48.5, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled canceled at the same time. The Corporation corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s his legal representative, to give the Corporation corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Dts, Inc.), Agreement and Plan of Merger (Proquest Co)

Lost Certificates. Except as provided hereinafter in this Section 7.4provided, no new certificates for shares shall be issued to replace a previously issued in lieu of an old certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same timecancelled. The Corporation may issue a new board of directors may, in case any share certificate of stock or uncertificated shares in the place of certificate for any certificate theretofore issued by it, alleged to have been other security is lost, stolen or destroyed, authorize the issuance of a new certificate in lieu thereof, upon such terms and conditions as the Corporation board, may require the owner require, including provision for indemnification of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation corporation secured by a bond or other adequate security sufficient to indemnify it protect the corporation against any claim that may be made against it it, including any expense or liability, on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated sharesa replacement certificate.

Appears in 1 contract

Samples: Credit Agreement (Inamed Corp)

Lost Certificates. Except as provided in this Section 7.47.04, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Business Combination Agreement (Isos Acquisition Corp.)

Lost Certificates. Except as provided in this Section 7.48.5, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore previously issued by it, alleged to have been lost, stolen stolen, mutilated or destroyed, and the Corporation may require the owner of the lost, stolen stolen, mutilated or destroyed certificate, or such the owner’s legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft theft, mutilation or destruction of any such certificate or the issuance of such new certificate or uncertificated sharescertificate.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Genworth Financial Inc)

Lost Certificates. Except as provided in this Section 7.47.04, no new certificates for shares of Stock shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock Stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the . The Corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Business Combination Agreement (Learn CW Investment Corp)

Lost Certificates. Except as provided in this Section 7.48.5, no new certificates for shares shall will be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s his or her legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Voting and Lock Up Agreement (Cempra, Inc.)

Lost Certificates. Except as provided in this Section 7.48.6, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s his or her legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Operating Agreement (EG Acquisition Corp.)

Lost Certificates. Except as provided in this Section 7.49.5, no new certificates for shares shall be issued to replace a previously issued in lieu of an old certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same timecancelled. The Corporation may issue a new board of directors may, in case any share certificate of stock or uncertificated shares in the place of certificate for any certificate theretofore issued by it, alleged to have been other security is lost, stolen or destroyed, authorize the issuance of a new certificate in lieu thereof, upon such terms and conditions as the Corporation board may require the owner require, including provision for indemnification of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation corporation secured by a bond or other adequate security sufficient to indemnify it protect the corporation against any claim that may be made against it it, including any expense or liability, on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated sharesa replacement certificate.

Appears in 1 contract

Samples: Credit Agreement (Inamed Corp)

Lost Certificates. Except as provided in this Section 7.48.5, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation corporation may require, or may require any transfer agent, if any, for the shares to require, the owner of the lost, stolen or destroyed certificate, or such owner’s his, her or its legal representative, to give the Corporation corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Voting Agreement (Autotradecenter Com Inc)

Lost Certificates. Except as provided in this Section 7.47.5, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation or its transfer agent or registrar and cancelled at the same time. The Corporation may issue a new board of directors may, in case any share certificate of stock or uncertificated shares in the place of certificate for any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the other security is lost, stolen or destroyed certificate(as evidenced by a written affidavit or affirmation of such fact), or authorize the issuance of replacement certificates on such owner’s legal representative, to give terms and conditions as the Corporation board of directors may require; the board of directors may require indemnification of the corporation secured by a bond or other adequate security sufficient to indemnify it protect the corporation against any claim that may be made against it it, including any expense or liability, on account of the alleged loss, theft or destruction of any such the certificate or the issuance of such new certificate or uncertificated sharesthe replacement certificate.

Appears in 1 contract

Samples: Shareholder Agreement (Phone Com Inc)

Lost Certificates. Except as provided in this Section 7.48.5, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore previously issued by it, alleged to have been lost, stolen or destroyed, and the Corporation corporation may require the owner of the lost, stolen or destroyed certificate, or such the owner’s legal representative, to give the Corporation corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alliance MMA, Inc.)

Lost Certificates. Except as provided in this Section 7.48.5, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore previously issued by it, alleged to have been lost, stolen or destroyed, and the Corporation corporation may require the owner of the lost, stolen or destroyed certificate, or such the owner’s 's legal representative, to give the Corporation corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Chemdex Corp)

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Lost Certificates. Except as provided in this Section 7.48.3, no new certificates certificate for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, it that is alleged to have been lost, stolen or destroyed, and the Corporation corporation may require the owner of the lost, stolen or destroyed certificate, or the legal representative of such owner’s legal representative, to give the Corporation corporation a bond or an indemnity sufficient to indemnify protect it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Agreement and Plan of Merger (M/a-Com Technology Solutions Holdings, Inc.)

Lost Certificates. Except as provided in this Section 7.4, no new certificates for shares issued, in the case of stock represented by certificate, shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

Lost Certificates. Except as provided in this Section 7.47.04, no new certificates for shares of Stock shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock Stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Registration Rights Agreement (Inflection Point Acquisition Corp.)

Lost Certificates. Except as provided in this Section 7.48.5, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s his legal representative, to give the Corporation corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Credit Agreement (Inamed Corp)

Lost Certificates. Except as provided in this Section 7.48.5, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled canceled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore previously issued by it, alleged to have been lost, stolen stolen, mutilated or destroyed, and the Corporation may require the owner of the lost, stolen stolen, mutilated or destroyed certificate, or such the owner’s legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft theft, mutilation or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.certificate.(7)

Appears in 1 contract

Samples: Credit Agreement (Obagi Medical Products, Inc.)

Lost Certificates. Except as provided in this Section 7.46.3, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Command Center, Inc.)

Lost Certificates. Except as provided in this Section 7.4, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation a bond or other assurance sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Park Place Energy Corp.)

Lost Certificates. Except as provided in this Section 7.4, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation a bond bond, or may prescribe such other terms and conditions, sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Business Combination Agreement (HH&L Acquisition Co.)

Lost Certificates. Except as provided in this Section 7.48.5, no new certificates for shares shall be issued to replace a previously issued certificate certificate, if applicable, unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation corporation may issue a new certificate of stock or notice of uncertificated shares stock in the place of any certificate theretofore previously issued by it, if applicable, alleged to have been lost, stolen or destroyed, and the Corporation corporation may require the owner of the lost, stolen or destroyed certificate, or such the owner’s legal representative, to give the Corporation corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Agreement and Plan of Merger (B. Riley Principal 150 Merger Corp.)

Lost Certificates. Except as provided in this Section 7.48.3, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, it that is alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the lost, stolen or destroyed certificate, or the legal representative of such owner’s legal representative, to give the Corporation a bond or an indemnity sufficient to indemnify protect it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Xedar Corp)

Lost Certificates. Except as provided in this Section 7.47.4 , no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation and cancelled at the same time. The Corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s 's legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Desktop Metal, Inc.)

Lost Certificates. Except as provided in this Section 7.46.3, no new certificates for shares shall be issued to replace a previously issued certificate unless the latter is surrendered to the Corporation corporation and cancelled at the same time. The Corporation corporation may issue a new certificate of stock or uncertificated shares in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation corporation may require the owner of the lost, stolen or destroyed certificate, or such owner’s 's legal representative, to give the Corporation corporation a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated shares.

Appears in 1 contract

Samples: Security Agreement (Biomira Inc)

Lost Certificates. Except as provided hereinafter in this Section 7.45 provided, no new certificates for shares stock certificate shall be issued to replace a previously issued in lieu of an old certificate unless the latter is surrendered to the Corporation corporation and cancelled canceled at the same time. The Corporation board of directors may issue a new in case any stock certificate of stock or uncertificated shares in the place of certificate for any certificate theretofore issued by it, alleged to have been other security is lost, stolen or destroyed, authorize the issuance of a new certificate in lieu thereof, upon such terms and conditions as the Corporation board of directors may require the owner require, including provision for indemnification of the lost, stolen or destroyed certificate, or such owner’s legal representative, to give the Corporation corporation secured by a bond or other adequate security sufficient to indemnify it protect the corporation against any claim that may be made against it it, including any expense or liability, on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate or uncertificated sharescertificate.

Appears in 1 contract

Samples: Employment Agreement

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