Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 156 contracts
Samples: Securities Purchase Agreement (Great Basin Scientific, Inc.), Securities Purchase Agreement (Eon Communications Corp), Securities Exchange Agreement (Generation Hemp, Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form (but without the obligation to post a bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 104 contracts
Samples: Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.), Purchase Agreement (COPsync, Inc.), Underwriting Agreement (Sonnet BioTherapeutics Holdings, Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form or the provision of reasonable security by the Holder to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d7(e)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 28 contracts
Samples: Underwriting Agreement (ContraVir Pharmaceuticals, Inc.), Equity Underwriting Agreement (Scynexis Inc), Purchase Agreement (Echo Therapeutics, Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d4(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 15 contracts
Samples: Note Purchase Agreement (Axion International Holdings, Inc.), Note Purchase Agreement (Axion International Holdings, Inc.), Note Purchase Agreement (Axion International Holdings, Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 15 contracts
Samples: Note and Share Cancellation and Exchange Agreement (Elite Data Services, Inc.), Warrant Agreement (Elite Data Services, Inc.), Security Agreement (NYXIO TECHNOLOGIES Corp)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form or the provision of reasonable security by the Holder to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(f)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 14 contracts
Samples: Warrant Agreement (NextDecade Corp.), NextDecade Corp., NextDecade Corp.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d8(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 13 contracts
Samples: Warrant Issuance Agreement (Builders FirstSource, Inc.), Asset Purchase Agreement (Sierra Oncology, Inc.), Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form andform, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 12 contracts
Samples: Forbes Medi Tech Inc, Forbes Medi Tech Inc, Forbes Medi Tech Inc
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 12 contracts
Samples: Subscription Agreement (TherapeuticsMD, Inc.), Subscription Agreement (TherapeuticsMD, Inc.), Purchase Agreement (Inergetics Inc)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)6.4) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 11 contracts
Samples: Preferred Stock Purchase Agreement (Revonergy Inc), Preferred Stock Purchase Agreement (International Stem Cell CORP), Securities Purchase Agreement (ZBB Energy Corp)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form (but without the obligation to post a bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(e)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 9 contracts
Samples: Subscription Agreement (Grove Collaborative Holdings, Inc.), AgileThought, Inc., Grove Collaborative Holdings, Inc.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d8(d)) representing the right to purchase the Warrant Shares then underlying this Warrant).
Appears in 7 contracts
Samples: Securities Purchase Agreement (Prevention Insurance Com Inc), Securities Purchase Agreement (Prevention Insurance Com Inc), Securities Purchase Agreement (Prevention Insurance Com Inc)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d5(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Toreador Resources Corp), Investment Agreement (Easterly Acquisition Corp.), Purchase Agreement (Sito Mobile, Ltd.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form (but without the obligation to post a bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d8(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 7 contracts
Samples: Financing Agreement (Blue Apron Holdings, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Quantum Corp /De/
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form (which shall not include the posting of any bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 6 contracts
Samples: Real Goods Solar, Inc., Real Goods Solar, Inc., Real Goods Solar, Inc.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification and payment of any required bond undertaking by the Warrant Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Warrant Holder a new Warrant (in accordance with Section 7(d11(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 6 contracts
Samples: Warrant Agreement (Redwood Scientific Technologies, Inc.), Warrant Agreement (Redwood Scientific Technologies, Inc.), Warrant Agreement (HealthLynked Corp)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification and payment of any required bond undertaking by the Warrant Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Warrant Holder a new Warrant (in accordance with Section 7(d9(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 6 contracts
Samples: Warrant Agreement (Fat Brands, Inc), Warrant Agreement (Fat Brands, Inc), Warrant Agreement (Fat Brands, Inc)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form (but without the obligation to post a bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d5(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 6 contracts
Samples: Voting Agreement (Idera Pharmaceuticals, Inc.), Registration Rights Agreement (Bellicum Pharmaceuticals, Inc), Underwriting Agreement (Bellicum Pharmaceuticals, Inc)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form or the provision of reasonable security by the Holder to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d7(f)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 6 contracts
Samples: Credit Agreement (Clayton Williams Energy Inc /De), Credit Agreement (Clayton Williams Energy Inc /De), Standstill Agreement (Clayton Williams Energy Inc /De)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form or the provision of reasonable security by the Holder to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 6 contracts
Samples: Underwriting Agreement (Oncogenex Pharmaceuticals, Inc.), Underwriting Agreement (Sunesis Pharmaceuticals Inc), XOMA Corp
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form or the provision of reasonable security by the Holder to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(e)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 5 contracts
Samples: Financing Agreement (Alj Regional Holdings Inc), Oncobiologics, Inc., Oncobiologics, Inc.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form (but without an obligation to post a bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 4 contracts
Samples: SenesTech, Inc., SenesTech, Inc., SenesTech, Inc.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary a form reasonably acceptable to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Clearwire Corp /DE), Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification and payment of any required bond undertaking by the Warrant Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Warrant Holder a new Warrant (in accordance with Section 7(d12(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 3 contracts
Samples: Warrant Agreement (Youngevity International, Inc.), Warrant Agreement (Youngevity International, Inc.), Warrant Agreement (Youngevity International, Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)19.4) representing the right to purchase the Warrant Shares then underlying this WarrantOutstanding Amount.
Appears in 3 contracts
Samples: Convertible Notes and Warrant Purchase Agreement (Crescent Capital Investments Ltd.), Convertible Notes and Warrant Purchase Agreement (Q&K INTERNATIONAL GROUP LTD), Convertible Notes and Warrant Purchase Agreement (Q&K INTERNATIONAL GROUP LTD)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 3 contracts
Samples: Loan Agreement (Globus Maritime LTD), Loan Agreement (Globus Maritime LTD), Share and Warrant Purchase Agreement (Globus Maritime LTD)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking reasonably requested by the Holder to the Company and in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Warrant Holder a new Warrant (in accordance with Section 7(d10(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 3 contracts
Samples: Warrant Agreement (Lovesac Co), Warrant Agreement (Lovesac Co), Warrant Agreement (Lovesac Co)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6.1.(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 3 contracts
Samples: Warrant Agreement (American Superconductor Corp /De/), Warrant Agreement (American Superconductor Corp /De/), Warrant Agreement (American Superconductor Corp /De/)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form or the provision of reasonable security by the Holder to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(e)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 3 contracts
Samples: Yunhong CTI Ltd., Yunhong Green Cti Ltd., Yunhong Green Cti Ltd.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form or the provision of reasonable security by the Holder to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d8(e)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d7(e)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Samples: Placement Agency Agreement (Rockwell Medical Technologies Inc), Underwriting Agreement (ImmunoCellular Therapeutics, Ltd.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares ADSs then underlying this Warrant.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (BioLineRx Ltd.), Warrant Purchase Agreement (BioLineRx Ltd.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section section 7(d)) representing the right to purchase the Warrant Shares then underlying this WarrantOutstanding Principal Amount.
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (The9 LTD), Convertible Note and Warrant Purchase Agreement (Ark Pacific Investment Management LTD)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form by the Holder to the Company (but without the requirement to post a bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company or its Transfer Agent, as directed by the Company, shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d8(e)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Samples: Leap Therapeutics, Inc., HealthCare Ventures IX, L.P.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form by the Holder to the Company (but without the requirement to post a bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company or its Transfer Agent, as directed by the Company, shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d7(e)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Samples: Form of Warrant Agreement (Invivo Therapeutics Holdings Corp.), Form of Warrant Agreement (Asterias Biotherapeutics, Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in reasonable and customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Samples: Verdant Earth Technologies LTD, Verdant Earth Technologies LTD
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder holder of this Warrant to the Company in customary form and reasonably acceptable to the Company (based, in part, on the net worth of, or security provided by, the Holder) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d8(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Viewpoint Corp), Securities Purchase Agreement (Viewpoint Corp)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in a customary form reasonably acceptable to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Samples: Registration Rights Agreement (I2 Technologies Inc), Registration Rights Agreement (I2 Technologies Inc)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form (but without the obligation to post a bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Samples: Securities Purchase Agreement (NOODLES & Co), Underwriting Agreement (Syros Pharmaceuticals, Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(dSECTION 7(D)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Samples: Subordination Agreement (Sac Capital Advisors LLC), Subordination Agreement (Prentice Capital Management, LP)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, theft or destruction or mutilation of this Warrant, and, accompanied by an affidavit in the case of customary form as to such loss, theft or destruction, of any destruction (including an indemnification undertaking by the Holder to the Company in customary form and, in and such other provisions reasonably satisfactory to the case of mutilation, upon surrender and cancellation of this WarrantCompany), the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Samples: Larimar Therapeutics, Inc., Renovacor, Inc.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder holder of this Warrant to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Guilford Pharmaceuticals Inc), Securities Purchase Agreement (Organitech Usa Inc)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form (which shall not include the posting of any bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d7(e)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Subscription Agreement (Gracell Biotechnologies Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d1.04(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Common Stock Purchase (IsoRay, Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder holder of this Warrant to the Company in customary form andform, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Securities Purchase Agreement (Telecommunication Systems Inc /Fa/)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form or the provision of reasonable security by the Holder to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Payment Restructuring Agreement (Windtree Therapeutics Inc /De/)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder holder of this Warrant to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Agreement (Elbit Vision Systems LTD)
Lost, Stolen or Mutilated Warrant. Upon receipt by the ----------------------------------- Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Securities Purchase Agreement (Charys Holding Co Inc)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification or bonding undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: SenesTech, Inc.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)7.5) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Separation Agreement (Great Elm Capital Group, Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in reasonable and customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(dβ6(d)) representing the right to purchase the Warrant Shares ADSs then underlying this Warrant.
Appears in 1 contract
Samples: Underwriting and Placement Agency Agreement (RedHill Biopharma Ltd.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form or the provision of reasonable security by the Holder to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d5(e)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Semler Scientific, Inc.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form (but without the obligation to post a bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares or Pre-Funded Warrants then underlying this Warrant.
Appears in 1 contract
Samples: CervoMed Inc.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(b)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Securities Purchase Agreement (Wanxiang Group Corp)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, theft or destruction or mutilation of this Warrant, and, accompanied by an affidavit in the case of customary form as to such loss, theft or destruction, of any destruction (including an indemnification undertaking by the Holder to the Company in customary form and, in and such other provisions reasonably satisfactory to the case of mutilation, upon surrender and cancellation of this WarrantCompany), the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d8(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Larimar Therapeutics, Inc.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, the receipt of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d5(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Loan Agreement (Heatwurx, Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company and the Warrant Agent shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares ADRs then underlying this Warrant.
Appears in 1 contract
Samples: Warrant Purchase Agreement (XTL Biopharmaceuticals LTD)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6.4)) , representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (ImmunoCellular Therapeutics, Ltd.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares Securities then underlying this Warrant.
Appears in 1 contract
Samples: Registration Rights Agreement (Biozone Pharmaceuticals, Inc.)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)7.4) representing the right to purchase the Warrant Shares then underlying this WarrantOutstanding Principal Amount.
Appears in 1 contract
Samples: Convertible Note and Warrant Subscription Agreement (Secoo Holding LTD)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, theft or destruction or mutilation of this Warrant, and, accompanied by an affidavit in the case of customary form as to such loss, theft or destruction, of any destruction (including an indemnification undertaking by the Holder to the Company in customary form and, in and such other provisions reasonably satisfactory to the case of mutilation, upon surrender and cancellation of this WarrantCompany), the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d5(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Cytocom, Inc.
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any an indemnification undertaking agreement by the Holder to the Company in customary form (but without any requirement to post any surety or similar bond) and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Mesoblast LTD
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form reasonably satisfactory to the Company and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d6(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of --------------------------------- evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Lost, Stolen or Mutilated Warrant. Upon receipt by the ------------------------------------- Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Securities Exchange Agreement (Charys Holding Co Inc)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder on behalf of, and for the sole and exclusive benefit of, the Holder, a new Warrant (in accordance with Section 7(d)) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Raser Technologies Inc
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d5(d)) representing the right to purchase the Warrant Shares ADSs then underlying this Warrant.
Appears in 1 contract
Samples: Purchase Adss (pSivida LTD)
Lost, Stolen or Mutilated Warrant. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Warrant, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Warrant, the Company shall execute and deliver to the Holder a new Warrant (in accordance with Section 7(d)5.4 below) representing the right to purchase the Warrant Shares then underlying this Warrant.
Appears in 1 contract
Samples: Brainstorm Cell Therapeutics Inc