Common use of Replacement of Securities Clause in Contracts

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 251 contracts

Samples: Securities Purchase Agreement (InsPro Technologies Corp), Securities Purchase Agreement (RMH Teleservices Inc), Securities Purchase Agreement (Ugods, Inc.)

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Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 19 contracts

Samples: Unit Purchase Agreement (Medovex Corp.), Subscription Agreement (Avant Diagnostics, Inc), Unit Purchase Agreement (Medovex Corp.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 17 contracts

Samples: Securities Purchase Agreement (Services Acquisition Corp. International), Investment Agreement (Oceanaut, Inc.), Securities Purchase Agreement (Asian Financial Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities or the Shares is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 16 contracts

Samples: Subscription Agreement (Protea Biosciences Group, Inc.), Subscription Agreement (Spectrascience Inc), Subscription Agreement (Aethlon Medical Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities or the Warrant Shares is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 9 contracts

Samples: Subscription Agreement (Socialwise, Inc. (Formerly Known as IdeaEdge, Inc)), Subscription Agreement (GlyEco, Inc.), Subscription Agreement (Integral Technologies Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities Unit is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesUnit. If a replacement certificate or instrument evidencing any Securities Unit is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 7 contracts

Samples: Securities Purchase Agreement (One Horizon Group, Inc.), Note Purchase Agreement (Youngevity International, Inc.), Securities Purchase Agreement (One Horizon Group, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 indemnityindemnity (which shall not include a surety bond), if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 5 contracts

Samples: Purchase Agreement (Tag Entertainment Corp), Purchase Agreement (GoFish Corp.), Purchase Agreement (Uni-Pixel)

Replacement of Securities. If any certificate or instrument evidencing any of the Securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 4 contracts

Samples: Unit Purchase Agreement (Pershing Gold Corp.), Unit Purchase Agreement (Pershing Gold Corp.), Form of Unit Purchase Agreement (Citius Pharmaceuticals, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefortherefore, 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 applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 4 contracts

Samples: Warrant Acquisition Agreement (Energy Focus, Inc/De), Warrant Acquisition Agreement (Energy Focus, Inc/De), Warrant Acquisition Agreement (Energy Focus, Inc/De)

Replacement of Securities. If any certificate or instrument evidencing any of the Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefortherefore, 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacementreplacement Security.

Appears in 3 contracts

Samples: Purchase Agreement (Cambridge Heart Inc), Securities Purchase Agreement (Cambridge Heart Inc), Convertible Note Purchase Agreement (Cambridge Heart Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities Security is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesSecurity. If a replacement certificate or instrument evidencing any Securities Security is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 3 contracts

Samples: Form of Securities Purchase Agreement (China Commercial Credit Inc), Form of Securities Purchase Agreement (Delta Technology Holdings LTD), Securities Purchase Agreement (National Art Exchange, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiescertificate or instrument. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Zoo Entertainment, Inc), Securities Purchase Agreement (Zoo Entertainment, Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefortherefore, 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Escrow Agreement (Codesmart Holdings, Inc.), Escrow Agreement (First Independence Corp.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 indemnityindemnity or bond, if requested. The applicants applicant(s) for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Progressive Gaming International Corp), Securities Purchase Agreement (Progressive Gaming International Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Russoil 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 Russoil of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Russoil may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Share Exchange Agreement (RussOil CORP), Share Exchange Agreement (RussOil CORP)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 an affidavit reasonably satisfactory to the Company of attesting to such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Navarre Corp /Mn/), Securities Purchase Agreement (Navarre Corp /Mn/)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Pubco 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 Pubco of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Pubco may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Share Exchange Agreement (Wollemi Mining Corp.), Share Exchange Agreement (Green Star Mining Corp.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Acquiror Company 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 Acquiror 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Acquiror Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Share Exchange Agreement (JINHAO MOTOR Co), Share Exchange Agreement (China Chemical Corp.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Common Shares is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesCommon Shares. If a replacement certificate or instrument evidencing any Securities Common Shares is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Keating Capital Inc), Common Stock Purchase Agreement (Age Reversal, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesSecurities and indemnity. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Xethanol Corp), Securities Purchase Agreement (Xethanol Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company CYIX 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 CYIX of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company CYIX may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Share Exchange Agreement (Cyber Informatix, Inc.), Share Exchange Agreement (Goldenway, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Deerfield 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 Deerfield of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Deerfield may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Share Exchange Agreement (Deerfield Resources, Ltd.), Share Exchange Agreement (China TMK Battery Systems Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Sona Mobile Holdings Corp), Securities Purchase Agreement (China Green Material Technologies, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-third- party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mikohn Gaming Corp), Securities Purchase Agreement (Jmar Technologies Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 an agreement, in a form reasonably satisfactory to the Company, by the holder of such Securities to indemnify the Company with respect to such mutilated, lost, stolen or destroyed certificate and reasonable indemnity, if requestedthe issuance of such replacement certificate or instrument. The applicants applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Applied Dna Sciences Inc), Securities Purchase Agreement (Applied Dna Sciences Inc)

Replacement of Securities. If any certificate or instrument evidencing any Acquisition Securities is mutilated, lost, stolen or destroyed, the Company Parent shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefortherefore, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Parent of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiescertificate or instrument. If a replacement certificate or instrument evidencing any Acquisition Securities is requested due to a mutilation thereof, the Company Parent may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Marathon Patent Group, Inc.), Agreement and Plan of Merger (Marathon Patent Group, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Company Stock is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefortherefore, 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 applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesCompany Stock. If a replacement certificate or instrument evidencing any Securities Company Stock is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (KBS Fashion Group LTD), Stock Purchase Agreement (KBS Fashion Group LTD)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company QSGI 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 QSGI of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company QSGI may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (Qsgi Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company DDLX 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 DDLX of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company DDLX may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (DD's Deluxe Rod Holder, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities shares is mutilated, lost, stolen or destroyed, the Company issuer 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 issuer of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiesshares. If a replacement certificate or instrument evidencing any Securities shares is requested due to a mutilation thereof, the Company issuer may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (Equicap Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement. Notwithstanding the foregoing, the terms of the Warrants shall govern the replacement, exchange and substitution of the Warrants.

Appears in 1 contract

Samples: Securities Purchase Agreement (Real Goods Solar, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Preferred Stock or the Conversion Shares is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Subscription Agreement (Intellicell Biosciences, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Purchased Securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Purchased Securities. If a replacement certificate or instrument evidencing any Purchased Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gvi Security Solutions Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Aerkomm 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 Aerkomm of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Aerkomm may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (Aerkomm Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Note or Conversion Share is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesNote or Conversion Share. If a replacement certificate or instrument evidencing any Securities Note or Conversion Share is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Note Purchase Agreement (Energy Focus, Inc/De)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen stolen, or destroyed, the Company issuer 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 issuer of such loss, theft theft, or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company issuer may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Magellan Petroleum Corp /De/)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Acquisition Corp. 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 Acquisition Corp. of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Acquisition Corp. may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (8888 Acquisition CORP)

Replacement of Securities. If any certificate or instrument evidencing any Securities securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities is securitiesis requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Note Purchase Agreement (Protea Biosciences Group, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities or the Warrant Shares is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.. EXECUTION VERSION

Appears in 1 contract

Samples: Subscription Agreement (GlyEco, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company TRADEON 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 TRADEON of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company TRADEON may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (TradeOn Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company YMMF 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 YMMF of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company YMMF may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (Yummy Flies, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Company Stock is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefortherefore, 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiescertificate or instrument. If a replacement certificate or instrument evidencing any Securities Company Stock is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Securities Exchange Agreement (Bitcoin Shop Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Security is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesSecurity. If a replacement certificate or instrument evidencing any Securities Security is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.. _GDE_ initials -21- __TWH_ initials

Appears in 1 contract

Samples: Securities Purchase Agreement (World Surveillance Group Inc.)

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Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company YzApp 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 YzApp of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company YzApp may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (Yzapp International Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities Acquisition Shares is mutilated, lost, stolen or destroyed, the Company Parent shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefortherefore, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Parent of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiescertificate or instrument. If a replacement certificate or instrument evidencing any Securities Acquisition Shares is requested due to a mutilation thereof, the Company Parent may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (All for One Media Corp.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Lansdowne 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 Lansdowne of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Lansdowne may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (Lansdowne Security, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Premier 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 Premier of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Premier may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (Premier Energy Corp.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company GRC 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 GRC of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company GRC may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Securities Purchase Agreement (China Biologic Products, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen stolen, or destroyed, the Company 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 theft, or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Magellan Petroleum Corp /De/)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company Company, at the Investor’s expense, 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Simtek Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities shares of Common Stock, Warrants or the Warrant Shares is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Subscription Agreement (Intellicell Biosciences, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Conversion Stock is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesConversion Stock. If a replacement certificate or instrument evidencing any Securities Conversion Stock is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.. [Signature Pages Follows]

Appears in 1 contract

Samples: Notes Conversion Agreement (Solar Enertech Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company LBAO 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 LBAO of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company LBAO may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (Luboa Group, Inc.)

Replacement of Securities. If any certificate or instrument evidencing ------------------------- any Securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Technology Corp /De/)

Replacement of Securities. If any certificate or instrument evidencing any Securities securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Subscription Agreement (Protea Biosciences Group, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities shares is mutilated, lost, stolen or destroyed, the Company Premier 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 Premier of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities shares is requested due to a mutilation thereof, the Company Premier may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Premier Energy Corp.)

Replacement of Securities. If any certificate ------------------------- or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Parent 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 Parent of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Parent may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (Matador Acquisition CORP)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company HJH 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 HJH of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company HJH may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (Halcyon Jets Holdings, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company VII 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 VII of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company VII may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Victoria Industries Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Getpoker 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 Getpoker of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Getpoker may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (getpokerrakeback.com)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company issuer 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 issuer of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company issuer may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (NYXIO TECHNOLOGIES Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities Company Stock is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefortherefore, 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesCompany Stock. If a replacement certificate or instrument evidencing any Securities Company Stock is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Transfer Agreement (Quinko-Tek International, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilatedmutilated , lost, stolen or destroyed, the Company 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 indemnityindemnity (which shall not include a surety bond), if requestedrequested . The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Purchase Agreement (Las Vegas Railway Express, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Purchased Securities or Underlying Securities is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Purchased Securities or Underlying Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Senetek PLC /Eng/)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefortherefore, 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Equicap Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company Genius Inc. or Genius LLC, as appropriate, 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 them of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company Genius Inc. or Genius LLC, as appropriate, may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Genius Products Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 and the Transfer Agent of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Note Purchase Agreement (Jones Soda Co)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company PUBCO 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 PUBCO of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company PUBCO may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Purchase Agreement (Smsa Kerrville Acquisition Corp.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Futu 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 Futu of such loss, theft or 3056447.11 destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Futu may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Share Exchange Agreement (Future Healthcare of America)

Replacement of Securities. If any certificate or instrument evidencing any Securities or the Underlying Shares is mutilated, lost, stolen or destroyed, the Company 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 shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Subscription Agreement (SpendSmart Payments Co)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company 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 indemnityindemnity and customary surety bond, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Authentidate Holding Corp)

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