Common use of Lost Certificates Clause in Contracts

Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by Parent, the posting by such person of a bond in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such CertificateCertificate or other documentation (including an indemnity in customary form) reasonably requested by Parent, the Paying Exchange Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct require as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Exchange Agent shall pay will issue in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with payable pursuant to this Agreement in respect to each share of the shares of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolenstolen or destroyed, defaced or destroyed and, if reasonably required by the Parent, the posting by such person Person of a bond in such reasonable and customary amount as the Parent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay pay, in exchange for such lost, stolen or destroyed Certificate, the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such Certificatethereby pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Exchange Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if reasonably required by the Parent, the posting by such person Person of a bond in such reasonable amount as the Parent may direct as indemnity against any claim that may be made against it or the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay pay, in exchange for such lost, stolen or destroyed Certificate, the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such Certificatethereby pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an any affidavit of that fact by the person Person claiming such Certificate to be lost, stolenstolen or destroyed, defaced or destroyed the indemnification by such Person of the Surviving Company and, if required by Parentthe Surviving Company, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Company may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Exchange Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate certificate for Shares shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificatecertificate, the Paying Exchange Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate certificate the applicable Merger Consideration (including any Cash Payments) with respect to each share the shares of the Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Acquiror, the posting by such person of a bond bond, in such reasonable amount as Parent the Acquiror may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay will issue, in exchange for such lost, stolen or destroyed Certificate, the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such CertificateCertificate as contemplated under this Agreement.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by Parent, the posting by such person Person of a bond or the provision of other satisfactory indemnity in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock Share formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay and deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with to be paid in respect to each share of the shares of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolenstolen or destroyed, defaced or destroyed and, if required by Parent, the posting by such person Person of a bond in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Exchange Agent shall pay pay, in exchange for such lost, stolen or destroyed Certificate, the Merger Consideration, as applicable, to be paid pursuant to this Agreement in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Company Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Company Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parent, the posting by such person of a bond in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Company Certificate, the Paying Exchange Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Company Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby pursuant to this Agreement.

Lost Certificates. If any Company Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Company Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Company Certificate, the Paying Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Company Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed in form and substance acceptable to Parent and, if required by Parent, the posting by such person Person of a bond bond, in such reasonable amount as Parent may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Exchange Agent or Parent, as applicable, shall pay in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with and cash in lieu of fractional shares payable in respect to each share of the shares of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person of a bond in such reasonable amount as Parent the Surviving Corporation may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay and deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with to be paid in respect to each share of the shares of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Company Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Company Certificate to be so lost, stolen, defaced stolen or destroyed and, if required by Parent, the posting by such person Person of a bond or other collateral security in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Company Certificate, the Paying Exchange Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Company Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Exchange Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct require as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with payable pursuant to this Agreement in respect to each share of the shares of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Per Share Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, then, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration Consideration, without any interest thereon, with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate shall have been lost, stolen, ------------------ defaced or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by Parent, the posting by such person of a bond in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been is lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if reasonably required by Parentthe Surviving Corporation, the posting by such person Person of a bond in such reasonable amount as Parent the Surviving Corporation may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall will pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit (in form and substance reasonably acceptable to Parent) of that fact by the person Person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if reasonably required by Parent, the posting by such person Person of a bond bond, in such reasonable amount as Parent may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay will issue, in exchange for such lost, stolen or destroyed Certificate, the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such Certificate, as contemplated by this Article II.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person record holder claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by ParentParent or the Surviving Corporation, the posting by such person record holder of a bond bond, in such reasonable amount as Parent the Surviving Corporation may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Disbursing Agent shall pay will issue in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with to be paid in respect to each share of the Company Common Stock formerly Shares represented by such CertificateCertificate as contemplated by this Article III.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolenstolen or destroyed, defaced or destroyed and, if reasonably required by Parentthe Parent with respect to Merger Consideration in excess of $35,000, the posting by such person Person of a bond in such reasonable and customary amount as the Parent may direct as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay pay, in exchange for such lost, stolen or destroyed Certificate, the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Stock formerly represented by such Certificatethereby pursuant to this Agreement.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced or destroyed, upon the making of an affidavit of that fact by the person Person claiming such Certificate to be lost, stolen, defaced or destroyed and, if required by Parent, the posting by such person Person of a bond in such reasonable amount as Parent may direct as indemnity against any claim that may be made against the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share of Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if reasonably required by Parent, the posting by such person of a bond in such a reasonable amount as Parent may direct and for a reasonable period of time as indemnity against any claim that may be made against Parent or the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Per Share Merger Consideration Consideration, without interest, with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parentthe Surviving Corporation, the posting by such person of a bond bond, in such reasonable amount as Parent the Surviving Corporation may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay will issue in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the applicable Merger Consideration with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if reasonably required by Parent, the posting by such person of a bond in such a reasonable amount as Parent may direct and for a reasonable period of time as indemnity against any claim that may be made against Parent or the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay will deliver in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration applicable Cash Consideration, without interest, with respect to each share the shares of Company Common Stock formerly represented by such Certificatethereby.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parent, the posting by such person of a bond bond, in such reasonable amount as Parent may direct direct, as indemnity against any claim that may be made against the Surviving Corporation it with respect to such Certificate, the Paying Agent shall pay or, if the Exchange Fund has been delivered to Parent, Parent will issue in respect of exchange for such lost, stolen, defaced stolen or destroyed Certificate the Merger Consideration with that such person has the right to receive in respect to each share of the Company Common Stock formerly represented by such Certificate.

Lost Certificates. If any Certificate shall have been lost, stolen, defaced stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such Certificate to be lost, stolen, defaced stolen or destroyed and, if required by Parent, as indemnifying Parent and the posting by such person of a bond in such reasonable amount as Parent may direct as indemnity Surviving Corporation against any claim that may be made against Parent or the Surviving Corporation with respect to such Certificate, the Paying Agent shall pay will pay, in exchange for such lost, stolen or destroyed Certificate, applicable Per Share Common Stock Merger Consideration or the Per Share Preferred Stock the Merger Consideration to be paid in respect of such lost, stolen, defaced or destroyed Certificate the Merger Consideration with respect to each share shares of Company Common Capital Stock formerly represented by such Certificate, as contemplated by this Agreement.