Lost, Stolen, Defaced or Destroyed Certificates Sample Clauses
Lost, Stolen, Defaced or Destroyed Certificates. If any certificate evidencing a share of Common Stock (a “Certificate”) shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact reasonably acceptable to Parent by the Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by Parent, the posting by such person of a bond in such reasonable and customary amount as Parent may reasonably direct as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate such holder’s Pro Rata Portion of the Merger Consideration in respect of the shares of Company Common Stock formerly represented by such holder’s properly surrendered Certificate (or effective affidavit of loss in lieu thereof) in accordance with Section 3.5.
Lost, Stolen, Defaced or Destroyed Certificates. In the event any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact in form and substance reasonably satisfactory to Buyer by the Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by Buyer, the posting by such Person of a bond in such amount and upon such terms as may be required by Buyer as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen, defaced or destroyed Certificate cash that would be payable or deliverable in respect thereof pursuant to this Agreement had such lost, stolen, defaced or destroyed Certificate been surrendered.
Lost, Stolen, Defaced or Destroyed Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact reasonably acceptable to the Surviving Corporation by the person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by the Surviving Corporation or the Paying Agent, the posting by such person of a bond in such reasonable and customary amount as Parent, the Surviving Corporation or the Paying Agent may reasonably direct as indemnity against any claim that may be made against it with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate an amount in cash equal to the product of (i) the number of shares of Company Common Stock formerly represented by such holder’s properly surrendered Certificate (or effective affidavit of loss in lieu thereof) and (ii) the Merger Consideration (less any applicable withholding Taxes), without any interest thereon.
