Common use of Loss, Theft, Destruction or Mutilation of Warrant Clause in Contracts

Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrant, and upon reimbursement to the Company of all reasonable expenses incidental thereto, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form and dated as of such cancellation.

Appears in 45 contracts

Samples: Securities Purchase Agreement (QS Energy, Inc.), Securities Purchase Agreement (QS Energy, Inc.), Securities Purchase Agreement (QS Energy, Inc.)

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Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in the case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrantit, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form of like tenor and dated as of such cancellationcancellation and reissuance, in lieu of this Warrant.

Appears in 16 contracts

Samples: Universal Access Global Holdings Inc, Subscription Agreement (Dynegy Inc /Il/), Universal Automotive Industries Inc /De/

Loss, Theft, Destruction or Mutilation of Warrant. Upon On receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of this Warrant, and in case of any such loss, theft or destruction of this Warrant, upon on delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon on surrender and cancellation of such Warrant, and upon reimbursement to the Company of all reasonable expenses incidental thereto, the Company will make execute and deliver to the Holder, in lieu thereof, a new Warrant warrant in substantially identical form and form, dated as of such cancellationcancellation and reissuance.

Appears in 6 contracts

Samples: Pointcast Inc, Pointcast Inc, Usweb Corp

Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the Company of evidence reasonably satisfactory to it (such as an affidavit of the holder hereof) of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrantit, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form of like tenor and dated as of such cancellation, in lieu of this Warrant.

Appears in 6 contracts

Samples: Cytokinetics Inc, Cytokinetics Inc, Cytokinetics Inc

Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by ------------------------------------------------- the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrantit, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form of like tenor and dated as of such cancellation, in lieu of this Warrant.

Appears in 3 contracts

Samples: Sublease Agreement (Andromedia Inc), Common Stock and Warrant Purchase Agreement (Santa Cruz Operation Inc), Stock Purchase (Catalytica Inc)

Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the ------------------------------------------------- Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrantit, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form warrant of like tenor and dated as of the date of such cancellationcancellation in lieu of this Warrant.

Appears in 2 contracts

Samples: Purchase Agreement (Bet Associates Lp), Purchase Agreement (Westower Corp)

Loss, Theft, Destruction or Mutilation of Warrant. Upon On receipt by the Company of evidence reasonably satisfactory to it the Company of the loss, theft, destruction or mutilation of this Warrant, and in case of any such loss, theft or destruction of this Warrant, upon on delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon on surrender and cancellation of such Warrant, and upon reimbursement to the Company of all reasonable expenses incidental thereto, the Company will make execute and deliver to the Holderholder, in lieu thereof, a new Warrant in substantially identical form and form, dated as of such cancellationcancellation and reissuance.

Appears in 2 contracts

Samples: LXN Corp, LXN Corp

Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the Company of (i) evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and (ii) in the case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrantit, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make issue and deliver to the Holder, in lieu thereof, Holder a new Warrant in substantially identical form of like tenor and dated as of such cancellationcancellation and reissuance, in lieu of this Warrant.

Appears in 2 contracts

Samples: Amedisys Inc, Amedisys Inc

Loss, Theft, Destruction or Mutilation of Warrant. Upon The Company covenants that upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company orit (which, in the case of the Warrant, shall not include the posting of any such mutilationbond) and any transfer agent appointed by the Company for the Warrant, and upon surrender and cancellation of such Warrant, and upon reimbursement to the Company of all reasonable expenses incidental theretoif mutilated, the Company at its expense will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form and of like tenor dated as of such cancellation, in lieu of such Warrant.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Developers Diversified Realty Corp), Common Share Purchase (Developers Diversified Realty Corp)

Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction destruction, or mutilation of this Warrant, and in case of loss, theft theft, or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrantit, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form of like tenor (but with no additional rights or obligations) and dated as of such cancellation, in lieu of this Warrant.

Appears in 1 contract

Samples: Warrant Agreement (DZS Inc.)

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Loss, Theft, Destruction or Mutilation of Warrant. Upon In case of loss, theft or destruction or mutilation of this Warrant, upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such WarrantCompany, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form of like tenor and dated as of such cancellation, in lieu of this Warrant.

Appears in 1 contract

Samples: Neurocrine Biosciences Inc

Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by ------------------------------------------------- the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such WarrantCompany, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form warrant of like tenor and dated as of such cancellation, in lieu of this Warrant.

Appears in 1 contract

Samples: Paradigm Genetics Inc

Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this WarrantWarrant Agreement, and and, in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such WarrantCompany, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant Agreement, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form Agreement of like tenor and dated as of such cancellation, in lieu of this Warrant Agreement.

Appears in 1 contract

Samples: Peters Bradford G

Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction of this Warrant, upon delivery of an indemnity agreement agreement, surety bond or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrant, and upon reimbursement to the Company of all reasonable expenses incidental thereto, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form and dated as of such cancellation.

Appears in 1 contract

Samples: Apollo Medical Holdings, Inc.

Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by the ------------------------------------------------- Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such Warrantit, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, a new Warrant in substantially identical form of like tenor and dated dated, as of such cancellation, in lieu of this Warrant.

Appears in 1 contract

Samples: Stock Purchase (Catalytica Energy Systems Inc)

Loss, Theft, Destruction or Mutilation of Warrant. Upon receipt by ------------------------------------------------- the Company of evidence reasonably satisfactory to it of the loss, theft, destruction or mutilation of this Warrant, and in case of loss, theft or destruction destruction, of this Warrant, upon delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of such WarrantCompany, and upon reimbursement to the Company of all reasonable expenses incidental thereto, and upon surrender and cancellation of this Warrant, if mutilated, the Company will make and deliver to the Holder, in lieu thereof, replace this Warrant with a new Warrant in substantially identical form and of like tenor, dated as of such cancellation, and deliver it to the Warrantholder.

Appears in 1 contract

Samples: New Zmax Corp

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