Common use of Lost, Stolen, Mutilated, or Destroyed Warrants Clause in Contracts

Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant is lost, stolen, mutilated, or destroyed, the Company will either (i) authorize the Warrant Agent to instruct the Holder to file documents with the Warrant Agent’s insurance company as reasonably required to obtain an open penalty bond necessary for the replacement of the Warrant Certificate or (ii) indemnify the Warrant Agent and provide instructions to the Warrant Agent to replace such Warrant Certificate. Thereafter, the Warrant Agent shall issue a new Warrant of like denomination, tenor, and date as the Warrant so lost, stolen, mutilated, or destroyed. Any such new Warrant shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant shall be at any time enforceable by anyone.

Appears in 15 contracts

Samples: Warrant Agency Agreement (Advaxis, Inc.), Form of Warrant Agency Agreement (Advaxis, Inc.), Form of Warrant Agency Agreement (Advaxis, Inc.)

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Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant is lost, stolen, mutilated, mutilated or destroyed, the Company will either (i) authorize and the Warrant Agent may, absent notice to instruct the Holder Warrant Agent that such certificates have been acquired by a bona fide purchaser, on such terms as to file documents with the Warrant Agent’s insurance company indemnity or otherwise as reasonably required to obtain an open penalty they may in their discretion impose (which terms shall in all cases include posting of a lost security bond necessary for the replacement by or on behalf of the Warrant Certificate or (ii) indemnify Registered Holder, and in the Warrant Agent and provide instructions to case of a mutilated Warrant, include the Warrant Agent to replace such Warrant Certificate. Thereaftersurrender thereof), the Warrant Agent shall issue a new Warrant of like denomination, tenor, tenor and date as the Warrant so lost, stolen, mutilated, mutilated or destroyed. Any such new Warrant shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, mutilated or destroyed Warrant shall be at any time enforceable by anyone.

Appears in 11 contracts

Samples: Warrant Agent Agreement (Intensity Therapeutics, Inc.), Warrant Agent Agreement (FGI Industries Ltd.), Warrant Agent Agreement (Direct Digital Holdings, Inc.)

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Lost, Stolen, Mutilated, or Destroyed Warrants. If any Warrant is lost, stolen, mutilated, or destroyed, the Company will either (i) authorize and the Warrant Agent may, absent notice to instruct the Holder to file documents with the Warrant Agent’s insurance company as reasonably required to obtain an open penalty bond necessary for the replacement of the Warrant Certificate or (ii) indemnify the Warrant Agent that such certificates have been acquired by a bona fide purchaser, on such terms as to indemnity or otherwise as they may in their discretion impose (which shall, in the case of a mutilated Warrant, include the surrender thereof) and provide instructions reimbursement to the Warrant Agent to replace such Warrant Certificate. Thereafterby the Company of all reasonable expenses incidental thereto, the Warrant Agent shall issue a new Warrant of like denomination, tenor, and date as the Warrant so lost, stolen, mutilated, or destroyed. Any such new Warrant shall constitute a substitute contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated, or destroyed Warrant shall be at any time enforceable by anyone.

Appears in 1 contract

Samples: Warrant Agreement (Enovix Corp)

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