Common use of Replacement Warrant Clause in Contracts

Replacement Warrant. In case this Warrant is mutilated, lost, stolen or destroyed, the Company shall issue and deliver in exchange and substitution for and upon surrender and cancellation of the mutilated Warrant, or in lieu of and in substitution for this Warrant lost, stolen or destroyed, a new Warrant of like tenor and representing an equivalent right or interest, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction of such Warrant and upon receipt of indemnity by the Holder reasonably satisfactory to the Company and the Holder; provided, that if the Holder is a financial institution, its own indemnity agreement shall be satisfactory and no third party indemnity shall be required.

Replacement Warrant. In case this Warrant is mutilated, lost, stolen or destroyed, the Company shall issue and deliver in exchange and substitution for and upon surrender and cancellation of the mutilated Warrant, or in lieu of and in substitution for this Warrant lost, stolen or destroyed, a new Warrant of like tenor and representing an equivalent right or interest, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction of such Warrant and upon receipt of indemnity by the Holder reasonably satisfactory to the Company and the Holder; provided, that if the Holder is a financial institution, business development company or other institutional or fund investor, its own indemnity agreement shall be satisfactory and no third party indemnity shall be required.