Common use of Mutilated or Missing Warrants Clause in Contracts

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue and deliver (and, if appointed, the warrant agent shall countersign and deliver) in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenor, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) of such loss, theft or destruction of such Warrant, and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) may prescribe.

Appears in 10 contracts

Samples: Registration Rights Agreement (Asterias Biotherapeutics, Inc.), Asset Contribution Agreement (Geron Corp), Warrant Agreement (Asterias Biotherapeutics, Inc.)

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Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may may, in its discretion discretion, issue and deliver (and, if appointed, the warrant agent Warrant Agent shall countersign and deliver) deliver in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenortenor and representing an equivalent right or interest, but only only, in case of any such loss, theft or destruction, upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) of such loss, theft or destruction of such Warrant, Warrant Agent thereof and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) Warrant Agent may prescribe.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Wherehouse Entertainment Inc), Warrant Agreement (MSC Software Corp), Warrant Agreement (Macneal Schwendler Corp)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue and deliver (and, if appointed, the warrant agent shall countersign and deliver) in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenor, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) of such loss, theft or destruction of such Warrant, and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations requirements and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) may prescribe.

Appears in 5 contracts

Samples: Warrant Agreement (AgeX Therapeutics, Inc.), Loan Facility Agreement (AgeX Therapeutics, Inc.), Warrant Agreement (AgeX Therapeutics, Inc.)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may in its discretion shall issue and deliver (and, if appointed, and the warrant agent Warrant Agent shall countersign and deliver) deliver in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenor, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) Warrant Agent of such loss, theft or destruction of such Warrant, and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) Warrant Agent may prescribe.

Appears in 5 contracts

Samples: Asset Contribution Agreement (Biotime Inc), Asset Contribution Agreement (Geron Corp), Warrant Agreement (Biotime Inc)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue and deliver (and, if appointed, the warrant agent Warrant Agent shall countersign and deliver) in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenor, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent Warrant Agent (if so appointed) of such loss, theft or destruction of such Warrant, Warrant and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agentWarrant Agent, if so appointed) may prescribe.

Appears in 5 contracts

Samples: Credit Agreement (Biotime Inc), Warrant Agreement (Greenway Partners L P), Warrant Agreement (Biotime Inc)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue and deliver (and, if appointed, the warrant agent shall countersign and deliver) in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenor, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) of such loss, theft or destruction of such Warrant, Warrant and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) may prescribe.

Appears in 3 contracts

Samples: Warrant Agreement (Biotime Inc), Warrant Agreement (Biotime Inc), Warrant Agreement (Biotime Inc)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants Warrant Certificates shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue issue, and deliver (and, if appointed, the warrant agent Warrant Agent shall then countersign and deliver) , in exchange and substitution for and upon cancellation of the mutilated Warrant certificateCertificate, or in lieu of and substitution for the Warrant certificate Certificate lost, stolen or destroyed, a new Warrant certificate Certificate of like tenortenor and representing an equivalent right or interest, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) Warrant Agent of such loss, theft or destruction of such WarrantWarrant Certificate and, and an indemnity in the case of a lost, stolen or bonddestroyed Warrant Certificate, indemnity, if requested, also reasonably satisfactory to them. An applicant Applicants for such a substitute Warrant certificate Certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) Warrant Agent may prescribe.

Appears in 2 contracts

Samples: Warrant Agreement (Bristol Technology Systems Inc), Warrant Agreement (Win Gate Equity Group Inc)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue and deliver (and, if appointed, and the warrant agent Warrant Agent shall countersign and deliver) deliver in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenor, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) of such loss, theft or destruction of such Warrant, Warrant reasonably satisfactory to the Company and the Warrant Agent and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) Warrant Agent may prescribe.

Appears in 2 contracts

Samples: Warrant Agreement (Biotime Inc), Warrant Agreement (Biotime Inc)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants Warrant Certificates shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue and deliver (and, if appointed, the warrant agent Warrant Agent shall countersign and deliver) deliver in exchange and substitution for and upon cancellation of the mutilated Warrant certificateCertificate, or in lieu of and substitution for the Warrant certificate Certificate lost, stolen or destroyed, a new Warrant certificate Certificate of like tenortenor and representing an equivalent right or interest, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) Warrant Agent of such loss, theft or destruction of such Warrant, Warrant Certificate and an indemnity or bondindemnity, if requested, also reasonably satisfactory to them. An applicant Applicants for such a substitute Warrant certificate Certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) Warrant Agent may prescribe. Section 7.

Appears in 2 contracts

Samples: Warrant Agreement (Usa Technologies Inc), Warrant Agreement (Usa Technologies Inc)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen stolen, or destroyed, the Company may in its discretion will issue and deliver (and, if appointed, the warrant agent shall Warrant Agent will countersign and deliver) deliver in exchange and substitution for and upon cancellation of the mutilated Warrant certificatewarrant, or in lieu of and substitution for the Warrant certificate lost, stolen stolen, or destroyed, a new Warrant certificate of like tenortenor and representing an equivalent right or interest, but only upon receipt of evidence reasonably an affidavit of lost warrant certificate and indemnity bond issued and delivered by a recognized surety company satisfactory to the Company and the warrant agent (if so appointed) Warrant Agent of such loss, theft theft, or destruction of such Warrant, and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant Applicants for such a substitute Warrant certificate Warrants shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) Warrant Agent may prescribe.

Appears in 1 contract

Samples: Warrant Agreement (Collegiate Pacific Inc)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may may, in its discretion discretion, issue and deliver (andthe Warrant Agent shall, if appointedwith respect to Holders, the warrant agent shall countersign and deliver) deliver in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenortenor and representing an equivalent right or interest, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) Warrant Agent of such loss, theft or destruction of such Warrant, Warrant certificate and an indemnity or bondand bonds, if requested, also reasonably satisfactory to them. An applicant Applicants for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) Warrant Agent may prescribe.

Appears in 1 contract

Samples: Warrant Agreement (Intervest Bancshares Corp)

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Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants Class A Warrant Certificate or Class B Warrant Certificate shall be mutilated, lost, stolen or destroyed, the Company may may, in its discretion discretion, issue and deliver (and, if appointed, the warrant agent Warrant Agent shall countersign and deliver) deliver in exchange and substitution for and upon cancellation of the mutilated Warrant certificatewarrant certificate or, or in lieu of and in substitution for the Warrant certificate lost, stolen or destroyeddestroyed warrant certificate, a new Class A Warrant certificate Certificate or Class B Warrant Certificate, as the case may be, of like tenortenor and representing an equivalent right or interest, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) Warrant Agent of such loss, theft or destruction and, in case of such Warranta lost, and stolen or destroyed warrant certificate, an indemnity or bondindemnity, if requested, also reasonably satisfactory to themthe Company and Warrant Agent. An applicant Applicants for such a substitute Warrant certificate warrant certificates shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) Warrant Agent may prescribe.

Appears in 1 contract

Samples: Warrant Agent Agreement (Crest View Inc)

Mutilated or Missing Warrants. In case any of the certificates ----------------------------- evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue issue, and deliver (and, if appointed, the warrant agent Warrant Agent shall countersign and deliver) deliver in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and in substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenortenor and representing an equivalent right or interest, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) Warrant Agent of such loss, theft or destruction of such Warrant, Warrant and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) Warrant Agent may prescribe.

Appears in 1 contract

Samples: Warrant Agreement (Apex Silver Mines LTD)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue and deliver (and, if appointed, the warrant agent Warrant Agent shall countersign and deliver) in exchange and substitution for and upon cancellation of 4 the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenor, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent Warrant Agent (if so appointed) of such loss, theft or destruction of such Warrant, Warrant and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agentWarrant Agent, if so appointed) may prescribe. SECTION 8.

Appears in 1 contract

Samples: Warrant Agreement (Biotime Inc)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue and deliver (and, if appointed, the warrant agent shall countersign and deliver) in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenor, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) of such loss, theft or destruction of such Warrant, and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) may prescribe.. Exhibit E

Appears in 1 contract

Samples: Asset Contribution Agreement (Biotime Inc)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen stolen, or destroyed, the Company may in its discretion issue and deliver (and, if appointed, the warrant agent shall countersign and deliver) in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen stolen, or destroyed, a new Warrant certificate of like tenor, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) of such loss, theft theft, or destruction of such Warrant, Warrant and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) may prescribe.

Appears in 1 contract

Samples: Warrant Agreement (Biotime Inc)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue and deliver (and, if appointed, the warrant agent shall Warrant Agent may countersign and deliver) deliver in exchange and substitution for and upon cancellation of the mutilated Warrant certificateWarrant, or in lieu of and substitution for the lost, stolen or destroyed Warrant, a new Warrant certificate of like tenor and evidencing the number of shares purchasable upon exercise of the Warrant so mutilated, lost, stolen or destroyed, a new Warrant certificate of like tenor, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent (if so appointed) Warrant Agent of such loss, theft or destruction of such Warrant, Warrant and an indemnity or bondindemnity, if requested, also reasonably satisfactory to themit. An applicant Applicants for such a substitute Warrant certificate Warrants shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agent, if so appointed) Warrant Agent may prescribe.

Appears in 1 contract

Samples: Warrant Agreement (Cypress Bioscience Inc)

Mutilated or Missing Warrants. In case any of the certificates evidencing the Warrants shall be mutilated, lost, stolen or destroyed, the Company may in its discretion issue and deliver (and, if appointed, the warrant agent Warrant Agent shall countersign and deliver) in exchange and substitution for and upon cancellation of the mutilated Warrant certificate, or in lieu of and substitution for the Warrant certificate lost, stolen or destroyed, a new Warrant certificate of like tenor, but only upon receipt of evidence reasonably satisfactory to the Company and the warrant agent Warrant Agent (if so appointed) of such loss, theft or destruction of such Warrant, Warrant and an indemnity or bond, if requested, also reasonably satisfactory to them. An applicant for such a substitute Warrant certificate shall also comply with such other reasonable regulations and pay such other reasonable charges as the Company (or the warrant agentWarrant Agent, if so appointed) may prescribe. 4 SECTION 8.

Appears in 1 contract

Samples: Line of Credit Agreement (Biotime Inc)

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