Common use of Lost, Stolen Clause in Contracts

Lost, Stolen. Destroyed, Defaced or Mutilated Warrant ----------------------------------------------------- Certificates. Upon receipt by the Company and the Warrant Agent (or any agent of ------------ the Company or the Warrant Agent, if requested by the Company) of evidence satisfactory to them of the loss, theft, destruction, defacement, or mutilation of any Warrant Certificate and of indemnity satisfactory to them and, in the case of mutilation or defacement, upon surrender thereof to the Warrant Agent for cancellation, then, in the absence of notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide purchaser ---- ---- or holder in due course, the Company shall execute, and an authorized signatory of the Warrant Agent shall manually countersign and make available for delivery, in exchange for or in lieu of the lost, stolen, destroyed, defaced or mutilated Warrant Certificate, a new Warrant Certificate representing a like number of Warrants, bearing a number or other distinguishing symbol not contemporaneously outstanding. Every substitute Warrant Certificate executed and delivered pursuant to this Section 7 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of (but shall be subject to all the limitations of rights set forth in) this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 7 are exclusive with respect to the replacement of lost, stolen, destroyed, defaced or mutilated Warrant Certificates and shall preclude (to the extent lawful) any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement of lost, stolen, destroyed, defaced or mutilated Warrant Certificates. The Warrant Agent is hereby authorized to countersign in accordance with the provisions of this Agreement and make available for delivery the new Warrant Certificates required pursuant to the provisions of this Section 7.

Lost, Stolen. Destroyed, Defaced or Mutilated Warrant ----------------------------------------------------- Certificates. Certificates ------------ Upon receipt by the Company and the Warrant Agent (or any agent of ------------ the Company or the Warrant AgentCompany, if requested by the Company) of evidence satisfactory to them of the loss, theft, destruction, defacement, or mutilation of any Warrant Certificate and of indemnity satisfactory to them (which shall include the posting of an open-penalty bond) and, in the case of mutilation or defacement, upon surrender thereof to the Warrant Agent Company for cancellation, then, in the absence of notice to the Company or the Warrant Agent that such Warrant Certificate has been acquired by a bona fide protected purchaser ---- ---- or holder in due coursecourse (as such terms are defined in the Uniform Commercial Code), the Company shall execute, execute and an authorized signatory of the Warrant Agent shall manually countersign and make available for deliverydeliver, in exchange for or in lieu of the lost, stolen, destroyed, defaced or mutilated Warrant Certificate, a new Warrant Certificate representing a like the same number of Warrants, bearing a number or other distinguishing symbol not contemporaneously outstanding. Upon the issuance of any new Warrant Certificate under this Section 12, the Company may require the payment from the Holder of such Warrant Certificate of a sum sufficient to cover any tax, stamp tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Registrar) in connection therewith. Every substitute Warrant Certificate executed and delivered pursuant to this Section 7 12 in lieu of any lost, stolen stolen, destroyed, defaced or destroyed mutilated Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of (but shall be subject to all the limitations of rights set forth in) this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 7 12 are exclusive with respect to the replacement of lost, stolen, destroyed, defaced or mutilated Warrant Certificates and shall preclude (to the extent lawful) any and all other rights or remedies notwithstanding any law or statute existing or hereafter enacted to the contrary with respect to the replacement of lost, stolen, destroyed, defaced or mutilated Warrant Certificates. The Warrant Agent is hereby authorized to countersign in accordance with the provisions of this Agreement and make available for delivery the new Warrant Certificates required pursuant to the provisions of this Section 7.