Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence satisfactory to it, in the exercise of its reasonable discretion, of the ownership and the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company and, in the case of mutilation, upon surrender and cancellation thereof, the Company will execute and deliver in lieu thereof, without expense to the Holder, a new Warrant of like tenor dated the date hereof.
Appears in 85 contracts
Samples: Note Exchange Agreement (Cell Source, Inc.), Securities Purchase Agreement (CurAegis Technologies, Inc.), Common Stock Purchase Warrant (CurAegis Technologies, Inc.)
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence satisfactory to it, in the exercise of its reasonable discretion, of the ownership and the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company and, in the case of mutilation, upon surrender and cancellation thereofhereof, the Company will execute and deliver in lieu thereofhereof, without expense to the Holder, a new Warrant of like tenor dated the date hereof.
Appears in 9 contracts
Samples: Warrant (interCLICK, Inc.), Asia Cork Inc., Customer Acquisition Network Holdings, Inc.
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence reasonably satisfactory to it, in the exercise of its reasonable discretion, it of the ownership of and the loss, theft, destruction or mutilation of this Warrant and, and (in the case of loss, theft theft, or destruction, ) of indemnity reasonably satisfactory to it (in the Company andexercise of its reasonable discretion), and (in the case of mutilation, ) upon surrender and cancellation thereof, the Company will execute and deliver deliver, in lieu thereof, without expense to the Holder, a new Warrant of like tenor dated in the date hereofsame form and tenor.
Appears in 4 contracts
Samples: Healthequity Inc, Healthequity Inc, Healthequity Inc
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company -------------------------------------- of reasonable evidence satisfactory to it, in the exercise of its reasonable discretion, it of the ownership of and the loss, theft, destruction or mutilation of this a Warrant and, Certificate and (in the case of loss, theft theft, or destruction, ) of reasonable indemnity reasonably satisfactory to the Company and, and (in the case of mutilation, ) upon surrender and cancellation thereof, the Company will execute and deliver deliver, in lieu thereof, without expense to the Holder, a new Warrant Certificate of like tenor dated the date hereoftenor.
Appears in 4 contracts
Samples: Divicore Inc, Divicore Inc, Divicore Inc
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company COMPANY of evidence satisfactory to it, (in the exercise of its reasonable discretion), of the ownership of and the loss, theft, destruction destruction, or mutilation of this Warrant anda WARRANT, and (in the case of loss, theft theft, or destruction, ) of indemnity reasonably satisfactory to the Company and, it (in the case of mutilation, ) upon surrender and cancellation thereof, the Company COMPANY will execute and deliver deliver, in lieu thereof, without expense to the Holder, a new Warrant of WARRANT for like tenor dated the date hereoftenor.
Appears in 4 contracts
Samples: Independent Directors Warrant Agreement (Global Resource CORP), Warrant Agreement (Proguard Acquisition CORP), Warrant Agreement (Advanced Id Corp)
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence satisfactory to it, it (in the exercise of its reasonable discretion, ) of the ownership of and the loss, theft, destruction or mutilation of this Warrant and, and (in the case of loss, theft or destruction, ) of an indemnity reasonably satisfactory to it (in the Company andexercise of its reasonable discretion), and (in the case of mutilation, ) upon surrender and cancellation thereof, the Company will execute and deliver deliver, in lieu thereof, without expense to the Holder, a new Warrant of like tenor dated the date hereoftenor.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Superconductive Components Inc), Common Stock Purchase Warrant (Superconductive Components Inc), Common Stock Purchase Warrant (Superconductive Components Inc)
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence reasonably satisfactory to it, in the exercise of its reasonable discretion, it of the ownership and the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company and, in the case of mutilation, upon surrender and cancellation thereof, the Company will execute and deliver in lieu thereof, without expense to the Holder, a new Warrant of like tenor dated the date hereof.
Appears in 2 contracts
Samples: Loan and Security Agreement (Daegis Inc.), Loan and Security Agreement (Unify Corp)
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company COMPANY of evidence satisfactory to it, (in the exercise of its reasonable discretion), of the ownership of and the loss, theft, destruction destruction, or mutilation of this Warrant anda 2002-A WARRANT, and (in the case of loss, theft theft, or destruction, ) of indemnity reasonably satisfactory to the Company and, it (in the case of mutilation, ) upon surrender and cancellation thereof, the Company COMPANY will execute and deliver deliver, in lieu thereof, without expense to the Holder, a new Warrant of 2002-A WARRANT for like tenor dated the date hereoftenor.
Appears in 2 contracts
Samples: Warrant Agreement (Concentrax Inc), Warrant Agreement (Concentrax Inc)
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of reasonable evidence satisfactory to it, in the exercise of its reasonable discretion, it of the ownership of and the loss, theft, destruction or mutilation of this Warrant and, Agreement and (in the case of loss, theft theft, or destruction, ) of reasonable indemnity reasonably satisfactory to the Company and, and (in the case of mutilation, ) upon surrender and cancellation thereof, the Company will execute and deliver deliver, in lieu thereof, without expense to the Holder, a new Warrant Agreement of like tenor dated the date hereoftenor.
Appears in 2 contracts
Samples: Stock Option Agreement (Mego Mortgage Corp), Stock Option Agreement (Mego Mortgage Corp)
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence satisfactory to it, in the exercise of its reasonable discretion, it of the ownership and the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company and, in the case of mutilation, upon surrender and cancellation thereof, the Company will execute and deliver in lieu thereof, without expense to the Holder, a new Warrant of like tenor dated the date hereof.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Autobytel Inc), Asset Purchase Agreement (Autobytel Inc)
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence reasonably satisfactory to it, in the exercise of its reasonable discretion, it of the ownership of and the loss, theft, destruction or mutilation of this Warrant and, Certificate and (in the case of loss, theft theft, or destruction, ) of indemnity reasonably satisfactory to it (in the Company andexercise of its reasonable discretion), and (in the case of mutilation, ) upon surrender and cancellation thereof, the Company will execute and deliver deliver, in lieu thereof, without expense to the Holder, a new Warrant of like tenor dated in the date hereofsame form and tenor.
Appears in 2 contracts
Samples: Stockholders Agreement (Healthequity Inc), Healthequity Inc
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of satisfactory evidence satisfactory to it, in the exercise of its reasonable discretion, of the ownership and the loss, theft, destruction or mutilation of this Warrant and, warrant and either (in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company and, ) reasonable indemnification or (in the case of mutilation, upon ) the surrender and cancellation thereofof this Warrant for cancellation, the Company will execute and deliver in lieu thereof, without expense to the Holder, without charge, a new Warrant of like tenor dated the date hereofdenomination.
Appears in 1 contract
Samples: Osi Pharmaceuticals Inc
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of -------------------------------------- reasonable evidence satisfactory to it, in the exercise of its reasonable discretion, it of the ownership of and the loss, theft, destruction or mutilation of this Warrant and, and (in the case of loss, theft or destruction, ) of reasonable indemnity reasonably satisfactory to the Company and, and (in the case of mutilation, ) upon surrender and cancellation thereof, the Company will execute and deliver deliver, in lieu thereof, without expense to the Holder, thereof a new Warrant of like tenor dated the date hereoftenor.
Appears in 1 contract
Samples: Preferred Stock and Warrant Agreement (Zynaxis Inc)
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of reasonable evidence satisfactory to it, in the exercise of its reasonable discretion, it of the ownership of and the loss, theft, theft,\ destruction or mutilation of this Warrant and, and (in the case of loss, theft or destruction, ) of reasonable indemnity reasonably satisfactory to the Company and, and (in the case of mutilation, ) upon surrender and cancellation thereof, the Company will execute and deliver deliver, in lieu thereof, without expense to the Holder, thereof a new Warrant of like tenor dated the date hereoftenor.
Appears in 1 contract
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of -------------------------------------- reasonable evidence satisfactory to it, in the exercise of its reasonable discretion, it of the ownership of and the loss, theft, destruction or mutilation of this a Warrant and, Certificate and (in the case of loss, theft theft, or destruction, ) of reasonable indemnity reasonably satisfactory to the Company and, and (in the case of mutilation, ) upon surrender and cancellation thereof, the Company will execute and deliver deliver, in lieu thereof, without expense to the Holder, a new Warrant Certificate of like tenor dated the date hereoftenor.
Appears in 1 contract
Samples: Divicore Inc
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence satisfactory to it, it (in the exercise of its reasonable discretion, ) of the ownership of and the loss, theft, destruction destruction, or mutilation of this Warrant and, and (in the case of loss, theft theft, or destruction, ) of indemnity reasonably satisfactory to it (in the Company andexercise of its reasonable discretion), and (in the case of mutilation, ) upon surrender and cancellation thereof, the Company will execute and deliver deliver, in lieu thereof, without expense to the Holder, a new Warrant of like tenor dated the date hereof.
Appears in 1 contract
Samples: Aphton Corp
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence satisfactory to it, in the exercise of its reasonable discretion, of the ownership and the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company (which may include a bond) and, in the case of mutilation, upon surrender and cancellation thereofhereof, the Company will execute and deliver in lieu thereofhereof, without expense to the Holder, a new Warrant of like tenor dated the date hereof.
Appears in 1 contract
Samples: Handheld Entertainment, Inc.
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company of evidence satisfactory to it, in the exercise of its reasonable discretion, it of the ownership and the loss, theft, destruction or mutilation of this Warrant and, in the case of loss, theft or destruction, of indemnity reasonably satisfactory to the Company and, in the case of mutilation, upon surrender and cancellation thereof, the Company will execute and deliver in lieu thereof, without expense to the Holder, a new Warrant of like tenor dated the date hereof.
Appears in 1 contract
Loss, Theft, Destruction or Mutilation. Upon receipt by the Company -------------------------------------- of evidence satisfactory to it, in the exercise it of its reasonable discretion, of the ownership and the loss, theft, destruction or mutilation of this Warrant andWarrant, and (in the case of loss, theft or destruction, ) of indemnity reasonably satisfactory indemnification to the Company and, or (in the case of mutilation, upon ) presentation of this Warrant for surrender and cancellation thereofcancellation, the Company will execute and deliver in lieu thereof, without expense to the Holder, a new Warrant of like tenor dated the date hereofidentical hereto and any such lost, stolen, destroyed or mutilated Warrant shall thereupon become void.
Appears in 1 contract