Lost Share Certificates. The Auction Agent shall issue and register replacement certificates for certificates represented to have been lost, stolen or destroyed upon the fulfillment of such requirements as shall be deemed appropriate by the Fund and the Auction Agent, subject at all times to provisions of law, the By-Laws of the Fund governing such matters and resolutions adopted by the Fund with respect to lost securities. The Auction Agent may issue new certificates in exchange for and upon the cancellation of mutilated certificates. Any request by the Fund to the Auction Agent to issue a replacement or new certificate pursuant to this Section 4.4 shall be deemed to be a representation and warranty by the Fund to the Auction Agent that such issuance will comply with such provisions of law and the By-Laws and resolutions of the Fund.
Lost Share Certificates. 11 4.5 Disposition of Canceled Certificates; Record Retention..... 11 4.6
Lost Share Certificates. If any Share Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Share Certificate to be lost, stolen or destroyed and, if required by the Surviving Company, the posting by such Person of a bond, in such reasonable amount as the Surviving Company may direct, as indemnity against any claim that may be made against it with respect to such Share Certificate, the Paying Agent will issue in exchange for such lost, stolen or destroyed Share Certificate the Merger Consideration with respect to the Shares formerly represented by such Share Certificate to which the holder thereof is entitled pursuant to Section 3.01(a).
Lost Share Certificates. The Auction Agent shall register replacement certificates for certificates represented to have been lost, stolen or destroyed upon the fulfillment of such requirements as shall be deemed appropriate by the Fund and the Auction Agent, subject at all times to provisions of law, the By-Laws of the Fund governing such matters and resolutions adopted by the Fund with respect to lost securities. The Auction Agent may issue new certificates in exchange for and upon the cancellation of mutilated certificates. Any request by the Fund to the Auction Agent to issue a replacement or new certificate pursuant to this
Lost Share Certificates. If any Share Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such Share Certificate to be lost, stolen or destroyed and such indemnification or other undertakings as may be reasonably requested by the Surviving Corporation, the Surviving Corporation will pay, in exchange for such lost, stolen or destroyed Share Certificate, the applicable Share Consideration to be paid in respect of the Shares represented by such Share Certificate, as contemplated by this Article 2.
Lost Share Certificates. If a holder shall have lost or had destroyed such holder's Certificate, such holder will be entitled to receive the Cash Consideration and other payments provided for hereunder (including a Proportionate share of the remaining amount of the Escrowed Consideration, if any, in accordance with Article XIII), subject to such holder providing UTI with a lost certificate affidavit and indemnification acceptable to UTI.
Lost Share Certificates. If a Stockholder cannot locate or otherwise does not promptly deliver certificates representing the Shares in accordance with the terms of this Agreement, HealthGate may, at its option, in addition to all other remedies it may have cancel on its books the certificate or certificates representing the Shares purchased by HealthGate, and thereupon all of such Stockholder's rights in and to such repurchased Shares shall terminate. Each Stockholder hereby grants HealthGate the authority to cancel the Shares in order to comply with the provisions of this Agreement. Additionally, Stockholders shall comply with HealthGate's stock transfer agent's procedures for lost stock certificates.
Lost Share Certificates. If any Share Certificate shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Share Certificate to be lost, stolen or destroyed and, if required by Parent or ExchangeCo, the posting by such person of a bond in such reasonable amount as Parent or ExchangeCo may direct as indemnity against any claim that may be made against it with respect to such Share Certificate, the Exchange Agent shall deliver in exchange for such lost, stolen or destroyed Share Certificate shares of Parent Common Stock, Exchangeable Shares any dividends or other distributions payable pursuant to Section 4.3 hereof and cash in lieu of any fractional shares payable pursuant to Section 4.6 hereof, in each case pursuant to this Article 4.
Lost Share Certificates. If the Fiduciary, or a Shareholder whose Shares are purchased pursuant to the exercise of one or more of the purchase rights, shall assert that one or more of the Share certificates evidencing such Shares have been lost, wrongfully taken or destroyed, such Fiduciary or such Shareholder shall, in lieu of delivering such Share certificate(s) to the Corporation or Shareholder as contemplated by Section 11.01 of this Agreement, deliver to and file with the Corporation:
Lost Share Certificates. In the event any certificate which immediately prior to the Effective Time represented Augusta Shares shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such certificate to be lost, stolen or destroyed, the Depositary will issue in exchange for such lost, stolen or destroyed certificate, the consideration payable to such person in accordance with such Shareholder’s Letter of Transmittal. When authorizing such payment in exchange for any lost, stolen or destroyed certificate, the person to whom such consideration is to be delivered shall as a condition precedent to the delivery of such cash, give a bond satisfactory to Amalco, Hudbay and the Depositary (acting reasonably) in such sum as Hudbay may direct, or otherwise indemnify Amalco and Hudbay in a manner satisfactory to Amalco and Hudbay, acting reasonably, against any claim that may be made against Hudbay or Amalco with respect to the certificate alleged to have been lost, stolen or destroyed
