Common use of Replacement of Certificates Clause in Contracts

Replacement of Certificates. If any certificate or instrument evidencing any Shares is mutilated, lost, stolen or destroyed, Company will issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to Company of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances will also pay any reasonable third-party costs associated with the issuance of such replacement certificates.

Appears in 48 contracts

Samples: Preferred Stock Purchase Agreement (POSITIVEID Corp), Purchase Agreement (Cleanspark, Inc.), Stock Purchase Agreement (Camber Energy, Inc.)

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Replacement of Certificates. If any certificate or instrument evidencing any Shares Securities is mutilated, lost, stolen or destroyed, Company will issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to Company of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances will also pay any reasonable third-party costs associated with the issuance of such replacement certificates.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities Purchase Agreement (Ascent Solar Technologies, Inc.), Securities Purchase Agreement (Ascent Solar Technologies, Inc.)

Replacement of Certificates. If any certificate or instrument evidencing any Common Shares is mutilated, lost, stolen or destroyed, the Company will shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and the execution by the holder thereof of a customary lost certificate affidavit of that fact and reasonable indemnity, if requested. The applicants an agreement to indemnify and hold harmless the Company for a new certificate or instrument under such circumstances will also pay any reasonable third-party costs associated with the issuance of such replacement certificateslosses in connection therewith.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Alliqua, Inc.), Stock Purchase Agreement (Alliqua, Inc.), Stock Purchase Agreement (Celgene Corp /De/)

Replacement of Certificates. If any certificate or instrument evidencing any the Shares is mutilated, lost, stolen or destroyed, the Company will shall issue or cause to be issued in exchange and substitution for and upon cancellation thereofthereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and customary and reasonable indemnity, if requesteddestruction. The applicants applicant for a new certificate or instrument under such circumstances will shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement certificates.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Viveve Medical, Inc.), Securities Purchase Agreement (Viveve Medical, Inc.)

Replacement of Certificates. If any certificate or instrument evidencing any Common Shares and Warrants is mutilated, lost, stolen or destroyed, the Company will shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and the execution by the holder thereof of a customary lost certificate affidavit of that fact and reasonable indemnity, if requested. The applicants an agreement to indemnify and hold harmless the Company for a new certificate or instrument under such circumstances will also pay any reasonable third-party costs associated with the issuance of such replacement certificateslosses in connection therewith.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Alliqua, Inc.), Securities Purchase Agreement (Celgene Corp /De/)

Replacement of Certificates. If any certificate or instrument evidencing any Shares is mutilated, lost, stolen or destroyed, the Company will shall issue or cause to be issued in exchange and substitution for and upon cancellation thereofthereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and customary and reasonable indemnity, if requesteddestruction. The applicants applicant for a new certificate or instrument under such circumstances will shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement certificatesShares.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Atlas Lithium Corp), Securities Purchase Agreement (Atlas Lithium Corp)

Replacement of Certificates. If any certificate or instrument evidencing any the Shares is mutilated, lost, stolen or destroyed, the Company will shall issue or cause to be issued in exchange and substitution for and upon cancellation thereofthereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrumentcertificate, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and customary and reasonable indemnityindemnity or security, if requested. The applicants applicant for a new certificate or instrument under such circumstances will shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement certificates.

Appears in 2 contracts

Samples: Stock Purchase Agreement (American Oil & Gas Inc), Stock Purchase Agreement (Northern Oil & Gas, Inc.)

Replacement of Certificates. If any certificate or instrument evidencing any Shares is mutilated, lost, stolen or destroyed, the Company will shall issue or cause to be issued in exchange and substitution for and upon cancellation thereofthereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and customary and reasonable indemnity, if requesteddestruction. The applicants applicant for a new certificate or instrument under such circumstances will shall also pay any reasonable third-party costs (including, without limitation, customary indemnity) associated with the issuance of such replacement certificatesShares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Atlas Lithium Corp)

Replacement of Certificates. If any certificate or instrument evidencing any Shares, Warrants or Warrant Shares is mutilated, lost, stolen or destroyed, the Company will shall issue or cause to be issued in exchange and substitution for and upon cancellation thereofthereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and customary and reasonable indemnity, if requesteddestruction. The applicants applicant for a new certificate or instrument under such circumstances will shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement certificatesShares.

Appears in 1 contract

Samples: Securities Purchase Agreement (EZGO Technologies Ltd.)

Replacement of Certificates. If any certificate or instrument evidencing any Shares D Preferred is mutilated, lost, stolen or destroyed, Company will issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to Company of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances will also pay any reasonable third-party costs associated with the issuance of such replacement certificates.

Appears in 1 contract

Samples: Security Exchange Agreement (Camber Energy, Inc.)

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Replacement of Certificates. If any certificate or instrument evidencing any Shares Note, is mutilated, lost, stolen or destroyed, Company will issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to Company of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances will also pay any reasonable third-party costs associated with the issuance of such replacement certificates.

Appears in 1 contract

Samples: Securities Purchase Agreement (Genetic Technologies LTD)

Replacement of Certificates. If any certificate or instrument evidencing any Shares the Note is mutilated, lost, stolen or destroyed, Company will issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to Company of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances will also pay any reasonable third-party costs associated with the issuance of such replacement certificates.

Appears in 1 contract

Samples: Securities Purchase Agreement (Boston Carriers, Inc.)

Replacement of Certificates. If any certificate or instrument evidencing any Shares or Underlying Shares is mutilated, lost, stolen or destroyed, Company will issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to Company of such loss, theft or destruction and customary and reasonable indemnityindemnity and bond, if requested. The applicants for a new certificate or instrument under such circumstances will also pay any reasonable third-party costs associated with the issuance of such replacement certificates.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pressure Biosciences Inc)

Replacement of Certificates. If any certificate or instrument evidencing any Shares Securities is mutilated, lost, stolen or destroyed, the Company will shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances will shall also pay any reasonable third-party costs associated with the issuance of such replacement certificatescertificates or instruments.

Appears in 1 contract

Samples: Securities Purchase Agreement (Anpath Group, Inc.)

Replacement of Certificates. If any certificate or instrument evidencing any Shares is mutilated, lost, stolen or destroyed, Company will issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, instrument but only upon receipt of evidence reasonably satisfactory to Company of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances will also pay any reasonable third-party costs associated with the issuance of such replacement certificates.

Appears in 1 contract

Samples: Stock Purchase Agreement (East Coast Diversified Corp)

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