Common use of Loss or Mutilation Clause in Contracts

Loss or Mutilation. Upon (i) receipt by the Company of evidence reasonably satisfactory to the Company of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security or indemnity as may be required by the Company to save the Company harmless and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company and cancellation thereof, then, in the absence of notice to the Company that the Warrants evidenced thereby have been acquired by a bona fide purchaser, the Company shall execute and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, or destroyed Warrant Certificates.

Appears in 5 contracts

Samples: Warrant Agreement (Conrad Industries Inc), 4 Warrant Agreement (Belco Oil & Gas Corp), Stockholders Allocation Agreement (Coda Energy Inc)

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Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or open penalty surety bond and/or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company or Warrant Agent as permitted by Section 8-405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code or bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 3.2(c)(ii) to have been surrendered for exercise on the date the conditions specified in clauses (iA) and or (iiB) of the preceding sentence were first satisfied. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 5 contracts

Samples: Warrant Agreement (Civitas Resources, Inc.), Warrant Agreement (Bonanza Creek Energy, Inc.), Warrant Agreement (Bonanza Creek Energy, Inc.)

Loss or Mutilation. Upon Upon: (ia) receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to the Company them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security or indemnity as may be required by the Company them to save the Company harmless each of them harmless; and (iib) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company Warrant Agent and cancellation thereof, then, in the absence of notice to the Company of the Warrant Agent that the Warrants evidenced thereby have been acquired by a bona fide purchaser, the Company shall will execute and on written request the Warrant Agent will countersign and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall will be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall will be deemed for purposes of Section 3.2 this Agreement to have been surrendered for exercise on the date the conditions specified in clauses (ia) and (iib) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section paragraph 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section paragraph 6 in lieu of any lost, stolen or destroyed Warrant Certificate shall will constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall will be at any time enforceable by anyone, and shall will be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section paragraph 6 are exclusive and shall will preclude (to the extent lawful) all other rights or and remedies with respect to the replacement of mutilated, lost, stolen, stolen or destroyed Warrant Certificates.

Appears in 5 contracts

Samples: Master Warrant Agreement (Seven Seas Petroleum Inc), Master Warrant Agreement (Seven Seas Petroleum Inc), Note Purchase Agreement (Seven Seas Petroleum Inc)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to the Company them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security or indemnity as may be required by the Company them to save the Company each of them harmless and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company Warrant Agent and cancellation thereof, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have been acquired by a bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 67, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 7 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 7 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, or destroyed Warrant Certificates.

Appears in 4 contracts

Samples: Warrant Agreement (Ascent Energy Inc), Warrant Agreement (Chesapeake Energy Corp), Warrant Agreement (Gothic Energy Corp)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to the Company them of the ownership of and the loss, theft, destruction destruction, or mutilation of any Warrant Certificate and such reasonable and customary security of an indemnity bond reasonably satisfactory to them in form or indemnity as may be required by the Company to save the Company harmless amount, and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company ) upon surrender and cancellation thereof, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced represented thereby have been acquired by a bona fide purchaser, the Company shall execute and deliver to the Warrant Agent and, upon the Company's request, an authorized signatory of the Warrant Agent shall manually countersign and deliver, to the registered Holder holder of the lost, stolen, destroyed destroyed, or mutilated Warrant Certificate, in exchange therefor for or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6Article 13, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and any other expenses (including the reasonable fees and expenses of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 Article 13 in lieu of any lost, stolen stolen, or destroyed Warrant Certificate shall constitute an additional contractual obligation be entitled to the same benefits of the Companythis Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 Article 13 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, stolen or destroyed Warrant Certificates.

Appears in 4 contracts

Samples: Warrant Agreement (Global Signal Inc), Warrant Agreement (American Banknote Corp), Warrant Agreement (Global Signal Inc)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably an affidavit of loss and an open penalty bond of indemnity in a form and substance and from a surety company satisfactory to the Company of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security or indemnity as may be required by the Company to save the Company harmless Agent and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company Warrant Agent and cancellation thereof, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have been acquired by a bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6Article 7, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 Article 7 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 Article 7 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, or destroyed Warrant Certificates.

Appears in 4 contracts

Samples: Warrant Agreement, Warrant Agreement (Danaos Corp), Warrant Agreement (Danaos Corp)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably an affidavit of non-receipt; and an open penalty bond of indemnity in a form and substance and from a surety company satisfactory to the Company of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security or indemnity as may be required by the Company to save the Company harmless Agent and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company Warrant Agent and cancellation thereof, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have been acquired by a bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6Article 7, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 Article 7 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 Article 7 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, or destroyed Warrant Certificates.

Appears in 3 contracts

Samples: Warrant Agreement (Thurman International Ltd.), Warrant Agreement (Paragon Shipping Inc.), Warrant Agreement (Paragon Shipping Inc.)

Loss or Mutilation. Upon ‌ If (i) receipt by any mutilated Warrant Certificate is surrendered to the Warrant Agent or (ii) both (x) there shall be delivered to the Company and the Warrant Agent (A) a claim by a Warrantholder as to the destruction, loss or wrongful taking of any Warrant Certificate of such Warrantholder, evidence reasonably satisfactory to the Company of the ownership of such destruction, loss or taking, and the lossa request for a new replacement Warrant Certificate, theft, destruction and (B) such open penalty surety bond or mutilation of any Warrant Certificate and such reasonable and customary security or other indemnity bond as may be required by the Company and the Warrant Agent to save each of them and any agent of either of them harmless from any loss that either of them may suffer if a Warrant Certificate is replaced and (y) such other reasonable requirements as may be imposed by the Company harmless and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company and cancellation thereofhave been satisfied, then, in the absence of notice to the Company that the Warrants evidenced thereby have been acquired by a bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder Warrantholder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered HolderWarrantholder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such HolderWarrantholder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and or (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6, each of the Company and the Warrant Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every Each new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lostdestroyed, stolen lost or destroyed wrongfully taken Warrant Certificate shall be at any time enforceable by anyoneany other Person, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 3 contracts

Samples: Tranche 1 Warrant Agreement, Tranche 2 Warrant Agreement, Tranche 2 Warrant Agreement

Loss or Mutilation. Upon (i) receipt by the Company Warrant Agent of evidence reasonably satisfactory an affidavit with respect to the Company of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and an open penalty surety bond satisfactory to the Warrant Agent holding both it and the Company harmless and other such reasonable and customary security or indemnity as may be reasonably required by the Company to save the Company each of them harmless and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company Warrant Agent and cancellation thereof, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have been acquired by a bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6Article 7, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 Article 7 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 Article 7 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, or destroyed Warrant Certificates.

Appears in 3 contracts

Samples: Warrant Agreement (Marshall Edwards Inc), Warrant Agreement (Marshall Edwards Inc), Warrant Agreement (Marshall Edwards Inc)

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or open penalty surety bond and/or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company or Warrant Agent as permitted by Section 8-405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code or bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 3.2(c)(y)(II) to have been surrendered for exercise on the date the conditions specified in clauses (iA) and or (iiB) of the preceding sentence were first satisfied. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 2 contracts

Samples: Warrant Agreement (FTS International, Inc.), Warrant Agreement (FTS International, Inc.)

Loss or Mutilation. Upon If any mutilated, lost, stolen or destroyed Warrant Certificate is surrendered to the Warrant Agent (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or open penalty surety bond and/or indemnity bond as may be required by the Company or the Warrant Agent to save each of the Company harmless and the Warrant Agent and any agent of either of them harmless, (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company or Warrant Agent as permitted by Section 8-405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code or bona fide purchaser, and (iii) at the Company’s or the Warrant Agent’s request, reimbursement to the Company and the Warrant Agent of all reasonable expenses incidental thereto, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 3.2(c)(i)(y)(II) to have been surrendered for exercise on the date the conditions specified in clauses (iA) and or (iiB) of the preceding sentence were first satisfied. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the reasonable and documented fees and expenses of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, or destroyed Warrant Certificates.

Appears in 2 contracts

Samples: Warrant Agreement (Lonestar Resources US Inc.), Warrant Agreement (Lonestar Resources US Inc.)

Loss or Mutilation. Upon If (a) any mutilated, lost, stolen or destroyed Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or open penalty surety bond and/or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company or Warrant Agent as permitted by Section 8‑405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code or bona fide purchaser, and (iii) at the Company’s or the Warrant Agent’s request, reimbursement to the Company and the Warrant Agent of all reasonable expenses incidental thereto, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 3.2(c)(II) to have been surrendered for exercise on the date the conditions specified in clauses (iA) and or (iiB) of the preceding sentence were first satisfied. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the reasonable and documented fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 2 contracts

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

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or open penalty surety bond and/or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company or Warrant Agent as permitted by Section 8‑405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code or bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 3.2(c)(ii) to have been surrendered for exercise on the date the conditions specified in clauses (iA) and or (iiB) of the preceding sentence were first satisfied. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 2 contracts

Samples: Warrant Agreement (Extraction Oil & Gas, Inc.), Warrant Agreement (Extraction Oil & Gas, Inc.)

Loss or Mutilation. Upon (i) receipt by the Company Warrant Agent of evidence reasonably satisfactory to the Company Warrant Agent of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security or indemnity as may be required by the Warrant Agent and the Company to save hold the Company and the Warrrant Agent harmless and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company Warrant Agent and cancellation thereof, then, in the absence of notice to the Company Warrant Agent that the Warrants evidenced thereby have been acquired by a bona fide purchaser, the Company shall execute execute, and the Warrant Agent shall countersign, issue and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the immediately preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Every new All Warrant Certificate executed Certificates surrendered for exercise or for exchange in case of mutilated Warrant Certificates shall be promptly cancelled by the Warrant Agent and delivered pursuant to thereafter retained by the Warrant Agent until termination of this Section 6 in lieu Agreement or its resignation as Warrant Agent, or disposed of any lostor destroyed, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation at the direction of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, or destroyed Warrant Certificates.

Appears in 2 contracts

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

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or indemnity bond as may be required by the Warrant Agent or the Company to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be reasonably imposed by the case of mutilation, of the mutilated Warrant Certificate to Agent and the Company and cancellation thereofhave been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a bona fide “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (ia) and or (iib) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Every new Warrant Certificate executed thereto and delivered pursuant to this Section 6 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation other expenses (including the fees and expenses of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, Agent and shall be entitled of counsel to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunderCompany) in connection therewith. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 2 contracts

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

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or open penalty surety bond and/or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company or Warrant Agent as permitted by Section 8-405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code or bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 3.2(d)(i)(y)(II) to have been surrendered for exercise on the date the conditions specified in clauses (iA) and or (iiB) of the preceding sentence were first satisfied. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Ultra Petroleum Corp)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to the Company them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security of an indemnity bond reasonably satisfactory to them in form or indemnity as may be required by the Company to save the Company harmless amount, and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company ) upon surrender and cancellation thereof, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced represented thereby have been acquired by a bona fide purchaser, the Company shall execute and deliver to the Warrant Agent and, upon the Company's request, an authorized signatory of the Warrant Agent shall manually countersign and deliver, to the registered Holder holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor for or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6Article 13, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and any other expenses (including the reasonable fees and expenses of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 Article 13 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation be entitled to the same benefits of the Companythis Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 Article 13 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, stolen or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Barneys New York Inc)

Loss or Mutilation. Upon (i) receipt by the Company Warrant Agent of evidence reasonably satisfactory to the Company Warrant Agent of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security or indemnity as may be required by the Warrant Agent and the Company to save hold the Company and the Warrant Agent harmless and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company Warrant Agent and cancellation thereof, then, in the absence of notice to the Company Warrant Agent that the Warrants evidenced thereby have been acquired by a bona fide purchaser, the Company shall execute execute, and the Warrant Agent shall countersign, issue and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the immediately preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Every new All Warrant Certificate executed Certificates surrendered for exercise or for exchange in case of mutilated Warrant Certificates shall be promptly canceled by the Warrant Agent and delivered pursuant to thereafter retained by the Warrant Agent until termination of this Section 6 in lieu Agreement or its resignation as Warrant Agent, or disposed of any lostor destroyed, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation at the direction of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Forcenergy Inc)

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or open penalty surety bond and/or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company or Warrant Agent as permitted by Section 8-405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code or bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 3.2(c)(II) to have been surrendered for exercise on the date the conditions specified in clauses (iA) and or (iiB) of the preceding sentence were first satisfied. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Harvest Oil & Gas Corp.)

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to such other reasonable requirements as may be imposed by the Company and cancellation thereofthe Warrant Agent have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a bona fide “protected purchaser, ,” the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (ia) and or (iib) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (AFG Holdings, Inc.)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to the Company them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security or indemnity as may be required by the Company them to save the Company each of them harmless and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company Warrant Agent and cancellation thereof, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have been acquired by a bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6Article 7, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 Article 7 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 Article 7 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Quintana Maritime LTD)

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or indemnity bond as may be required by the Company and satisfactory to them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company as permitted by Section 8-405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a bona fide “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (ia) and or (iib) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 65, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 5 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 5 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Aventine Renewable Energy Holdings Inc)

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Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company as permitted by Section 8-405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a bona fide “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (ia) and or (iib) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Avaya Holdings Corp.)

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or open penalty surety bond and/or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company or Warrant Agent as permitted by Section -405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code or bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 3.2(c)(ii) to have been surrendered for exercise on the date the conditions specified in clauses (iA) and or (iiB) of the preceding sentence were first satisfied. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Civitas Resources, Inc.)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to the Company them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security or indemnity as may be required by the Company them to save the Company each of them harmless and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company Warrant Agent and cancellation thereof, then, in the absence of prior written notice to the Company or the Warrant Agent that the Warrants evidenced thereby have been acquired by a bona fide purchaser, the Company shall execute and deliver to the Warrant Agent and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 67, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 7 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 7 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, or destroyed Warrant Certificates.. 8. RESERVATION AND AUTHORIZATION OF WARRANT SHARES The Company shall at all times reserve and keep available, free from preemptive rights, solely for issue upon the exercise of Warrants as herein provided, such number of its authorized but unissued Warrant Shares deliverable upon the exercise of Warrants as will be sufficient to permit the exercise in full of all outstanding Warrants. The Company covenants that all Warrant Shares will, at all times that Warrants are exercisable, be duly approved for listing subject to official notice of issuance on each securities exchange, if any, on which the Common Shares are then listed. The Company covenants that (i) all Warrant Shares that may be issued upon exercise of Warrants shall upon issuance be duly and validly authorized, issued and fully paid and nonassessable and free of preemptive or similar rights and (ii) the stock certificates issued to evidence any such Warrant Shares will comply with the Delaware General Corporation Law and any other applicable law. The Company hereby authorizes and directs its current and future transfer agents for the Common Shares at all times to reserve stock certificates for such number of authorized shares as shall be requisite for such purpose. The Warrant Agent is hereby authorized to requisition from time to time from any such transfer agents stock certificates required to honor outstanding Warrants upon exercise thereof in accordance with the terms of this Agreement, and the Company hereby authorizes and directs such transfer agents to comply with all such requests of the Warrant Agent. The Company will supply such transfer agents with duly executed stock certificates for such purposes. Promptly after the date of expiration of all of the Warrants in accordance with Section 3.2(b), the Warrant Agent shall certify to the Company the aggregate number of Warrants then outstanding, and thereafter no Warrant Shares shall be reserved in respect of such Warrants. 9. WARRANT TRANSFER BOOKS The Warrant Agent will maintain the following offices (each a "Corporate Agency Office") in the United States of America, where Warrant Certificates may be surrendered for registration of transfer or exchange and where Warrant Certificates may be surrendered for exercise of Warrants evidenced thereby: (a) By mail: P. O. Xxx 0000 Xxxxx Xxxxxxxxxx, Xxx Xxxxxx 00000 Attention: Reorganization Department (b) By hand: 000 Xxxxxxxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxx Attention: Reorganization Department (c) By overnight: 00 Xxxxxxxxxx Xxxx Mail Stop -- Reorg Xxxxxxxxxx Xxxx, Xxx Xxxxxx 00000 The Warrant Agent will give prompt written notice to all Holders of Warrant Certificates of any change in the location of such offices. The Warrant Certificates evidencing the Warrants shall be issued in registered form only. The Company shall cause to be kept at the offices of the Warrant Agent designated for such purpose a warrant register (the "Warrant Register") in which, subject to such reasonable regulations as the Warrant Agent may prescribe and such regulations as may be prescribed by law, the Company shall provide for the registration of Warrant Certificates and of transfers or exchanges of Warrant Certificates as herein provided. Subject to Section 2.4, upon surrender for registration of transfer of any Warrant Certificate at the Corporate Agency Office, the Company shall execute and deliver to the Warrant Agent, and the Warrant Agent shall countersign and deliver, in the name of the designated transferee or transferees, one or more new Warrant Certificates evidencing a like aggregate number of Warrants. Subject to Section 2.4, (i) at the option of the Holder, Warrant Certificates may be exchanged at the office of the Warrant Agent upon payment of the charges hereinafter provided for other Warrant Certificates evidencing a like aggregate number of Warrants and (ii) whenever any Warrant Certificates are so surrendered for exchange, the Company shall execute and deliver to the Warrant Agent, and the Warrant Agent shall countersign and deliver, the Warrant Certificates of the same tenor and evidencing the same number of Warrants as evidenced by the Warrant Certificates surrendered by the Holder making the exchange. All Warrant Certificates issued upon any registration of transfer or exchange of Warrant Certificates shall be the valid obligations of the Company, evidencing the same obligations, and entitled to the same benefits under this Agreement, as the Warrant Certificates surrendered for such registration of transfer or exchange. Subject to Section 2.4, every Warrant Certificate surrendered for registration of transfer or exchange shall (if so required by the Company or the Warrant Agent) be duly endorsed, or be accompanied by a written instrument of transfer in form satisfactory to the Company and the Warrant Agent, duly executed by the Holder thereof or his attorney duly authorized in writing. The Warrant Agent shall, upon request of the Company from time to time, deliver to the Company such reports of registered ownership of the Warrants and such records of transactions with respect to the Warrants and the Warrant Shares as the Company may reasonably request. The Warrant Agent shall also make available to the Company for inspection by the Company's agents or employees, from time to time as the Company may reasonably request, such original books of accounts and records maintained by the Warrant Agent in connection with the issuance and exercise of Warrants hereunder, such inspections to occur at the Corporate Agency Office during normal business hours. The Warrant Agent shall keep copies of this Agreement and any notices given to Holders hereunder available for inspection by the Holders during normal business hours at the Corporate Agency Office. The Company shall supply the Warrant Agent from time to time with such numbers of copies of this Agreement as the Warrant Agent may request. 10. WARRANT HOLDERS 10.1

Appears in 1 contract

Samples: Warrant Agreement (Ascent Energy Inc)

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company as permitted by Section 8-405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a bona fide “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (ia) and or (iib) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 65, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 5 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 5 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Aventine Renewable Energy Holdings Inc)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to the Company them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security of an indemnity bond reasonably satisfactory to them in form or indemnity as may be required by the Company to save the Company harmless amount, and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company ) upon surrender and cancellation thereof, then, in the absence of notice to the Company or the Warrant Agent that the New Class 11 Class A Warrants evidenced represented thereby have been acquired by a bona fide protected purchaser, the Company shall execute and deliver to the Warrant Agent and, upon the Company’s request, an authorized signatory of the Warrant Agent shall manually countersign and deliver, to the registered Holder holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor for or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of New Class 11 Class A Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6Article XII, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and any other expenses (including the reasonable fees and expenses of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 Article XII in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation be entitled to the same benefits of the Companythis Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 Article XII are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, stolen or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Trump Entertainment Resorts Holdings Lp)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to them (in the Company exercise of reasonable discretion) of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such of indemnity satisfactory to them (in the exer cise of reasonable and customary security or indemnity as may be required by the Company to save the Company harmless discretion), and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company ) upon surrender and cancellation thereof, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced warrants represented thereby have been acquired by a bona fide purchaser, the Company Warrant Agent shall execute countersign and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor for or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 65, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent) in connection herewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 5 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional a contractual obligation of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 5 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Palomar Medical Technologies Inc)

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or open penalty surety bond and/or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company or Warrant Agent as permitted by Section 8-405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code or bona fide purchaser, and (iii) at the Company’s or the Warrant Agent’s request, reimbursement to the Company and the Warrant Agent of all reasonable expenses incidental thereto, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 3.2(c)(II) to have been surrendered for exercise on the date the conditions specified in clauses (iA) and or (iiB) of the preceding sentence were first satisfied. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the reasonable and documented fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Oasis Petroleum Inc.)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to the Company them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security of an indemnity bond reasonably satisfactory to them in form or indemnity as may be required by the Company to save the Company harmless amount, and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company ) upon surrender and cancellation thereof, then, in the absence of written notice to the Company or the Warrant Agent that the Warrants evidenced represented thereby have been acquired by a bona fide purchaser, the Company shall execute and deliver to the Warrant Agent and, upon the Company's request, an authorized signatory of the Warrant Agent shall manually countersign and deliver, to the registered Holder holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor for or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6Article 9, the Company may require the payment of a sum sufficient to cover any stamp tax or other governmental charge that may be imposed in relation theretothereto and any other expenses (including the reasonable fees and expenses of the Warrant Agent) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 Article 9 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation be entitled to the same benefits of the Companythis Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 Article 9 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, stolen or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Neenah Foundry Co)

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Warrantholder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Warrantholder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to such other reasonable requirements as may be imposed by the Company and cancellation thereofhave been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a bona fide “protected purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder Warrantholder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered HolderWarrantholder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such HolderWarrantholder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (ia) and or (iib) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 67, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 7 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 7 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Internap Corp)

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to such other reasonable requirements as may be imposed by the Company and cancellation thereofthe Warrant Agent as permitted by Section 8-405 of the Uniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a bona fide “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (ia) and or (iib) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Parker Drilling Co /De/)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to the Company them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security of an indemnity bond reasonably satisfactory to them in form or indemnity as may be required by the Company to save the Company harmless amount, and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company ) upon surrender and cancellation thereof, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced represented thereby have been acquired by a bona fide purchaser, the Company shall execute and deliver to the Warrant Agent and, upon the Company's request, an authorized signatory of the Warrant Agent shall manually countersign and deliver, to the registered Holder holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor for or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 6section 12, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and any other expenses (including the reasonable fees and expenses of the Warrant Agent) in connection there with. Every new Warrant Certificate executed and delivered pursuant to this Section 6 section 12 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional contractual obligation be entitled to the same benefits of the Companythis Agreement equally and proportionately with any and all other Warrant Certificates, whether or not the allegedly lost, stolen or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 section 12 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolen, stolen or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Homeland Holding Corp)

Loss or Mutilation. Upon (i) receipt by the Company and the Warrant Agent of evidence reasonably satisfactory to the Company them of the ownership of and the loss, theft, destruction or mutilation of any Warrant Certificate and such reasonable and customary security or of indemnity as may be required by the Company satisfactory to save the Company harmless them and (ii) surrender, in the case of mutilation, of the mutilated Warrant Certificate to the Company ) upon surrender and cancellation thereof, then, in the absence of notice to the Company or the Warrant Agent that the Units or Warrants evidenced represented thereby have been acquired by a bona fide purchaser, the Company shall execute and an authorized signatory of the Warrant Agent shall manually countersign and deliver to the registered Holder of the lost, stolen, destroyed or mutilated Warrant Certificate, in exchange therefor for or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Units or Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 to have been surrendered for exercise on the date the conditions specified in clauses (i) and (ii) of the preceding sentence were first satisfied. Upon the issuance of any new Warrant Certificate under this Section 62.4, the Company may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. Every new Warrant Certificate executed and delivered pursuant to this Section 6 2.4 in lieu of any lost, stolen or destroyed Warrant Certificate shall constitute an additional a contractual obligation of the Company, whether or not the allegedly lost, stolen or destroyed Warrant Certificate Certificates shall be at any time enforceable by anyoneunder applicable law, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 2.4 are exclusive and shall preclude (to the extent lawful) all other rights or remedies remedies, notwithstanding any law or statute existing or hereafter enacted to the contrary, with respect to the replacement of mutilated, lost, stolen, stolen or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (American Restaurant Group Inc)

Loss or Mutilation. Upon If (a) any mutilated Warrant Certificate is surrendered to the Warrant Agent or (b) both (i) receipt by the Company of evidence reasonably satisfactory there shall be delivered to the Company of the ownership of and the lossWarrant Agent (A) a claim by a Holder as to the destruction, theft, destruction loss or mutilation wrongful taking of any Warrant Certificate of such Holder and a request thereby for a new replacement Warrant Certificate, and (B) such reasonable and customary security or open penalty surety bond and/or indemnity bond as may be required by the Company them to save the Company each of them and any agent of either of them harmless and (ii) surrender, in such other reasonable requirements as may be imposed by the case of mutilation, Company or Warrant Agent as permitted by Section 8-405 of the mutilated Warrant Certificate to the Company and cancellation thereofUniform Commercial Code have been satisfied, then, in the absence of notice to the Company or the Warrant Agent that the Warrants evidenced thereby have such Warrant Certificate has been acquired by a “protected purchaser” within the meaning of Section 8-405 of the Uniform Commercial Code or bona fide purchaser, the Company shall execute and upon its written request the Warrant Agent shall countersign and deliver to the registered Holder of the lost, stolenwrongfully taken, destroyed or mutilated Warrant Certificate, in exchange therefor therefore or in lieu thereof, a new Warrant Certificate of the same tenor and for a like aggregate number of Warrants. At the written request of such registered Holder, the new Warrant Certificate so issued shall be retained by the Company Warrant Agent as having been surrendered for exercise, in lieu of delivery thereof to such Holder, and shall be deemed for purposes of Section 3.2 3.2(d)(i)(y)(II) to have been surrendered for exercise on the date the conditions specified in clauses (iA) and or (iiB) of the preceding sentence were first satisfied. The Warrant Agent may, at its option, issue replacement Warrants for mutilated certificates upon presentation thereof without such indemnity. Upon the issuance of any new Warrant Certificate under this Section 6, the Company or the Warrant Agent may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation theretothereto and other expenses (including the fees and expenses of the Warrant Agent and of counsel to the Company) in connection therewith. The Warrant Agent has no duty or obligation to issue a new Warrant Certificate unless it is satisfied that such tax or charge has been paid. Every new Warrant Certificate executed and delivered pursuant to this Section 6 in lieu of any lost, stolen wrongfully taken or destroyed Warrant Certificate shall constitute an additional contractual obligation of the Company, whether or not the allegedly lost, stolen wrongfully taken or destroyed Warrant Certificate shall be at any time enforceable by anyone, and shall be entitled to the benefits of this Agreement equally and proportionately with any and all other Warrant Certificates duly executed and delivered hereunder. The provisions of this Section 6 are exclusive and shall preclude (to the extent lawful) all other rights or remedies with respect to the replacement of mutilated, lost, stolenwrongfully taken, or destroyed Warrant Certificates.

Appears in 1 contract

Samples: Warrant Agreement (Ultra Petroleum Corp)

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