Common use of Replacement of Securities Clause in Contracts

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 4032 contracts

Samples: Note Purchase Agreement (Bluejay Diagnostics, Inc.), Securities Purchase Agreement (Bluejay Diagnostics, Inc.), Stock Purchase Agreement (LifeMD, Inc.)

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Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 712 contracts

Samples: Subscription Agreement (TherapeuticsMD, Inc.), Subscription Agreement (TherapeuticsMD, Inc.), Subscription Agreement (TherapeuticsMD, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay destruction without requiring the posting of any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiesbond.

Appears in 111 contracts

Samples: Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 49 contracts

Samples: Securities Exchange Agreement (Rezolute, Inc.), Securities Exchange Agreement (AgEagle Aerial Systems Inc.), Securities Purchase Agreement (PishPosh, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement SecuritiesSecurities and provide such indemnity as may be required and determined under the Company’s policy as set by the Board of Directors.

Appears in 38 contracts

Samples: Securities Purchase Agreement (SOS LTD), Securities Purchase Agreement (SOS LTD), Securities Purchase Agreement (Yoshitsu Co., LTD)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any destruction and customary and reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities, if requested.

Appears in 34 contracts

Samples: Note and Purchase Agreement (Parallax Health Sciences, Inc.), Securities Purchase Agreement (Voiceserve Inc), Securities Purchase Agreement (Voiceserve Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement SecuritiesShares.

Appears in 30 contracts

Samples: Securities Purchase Agreement (Siyata Mobile Inc.), Securities Purchase Agreement (ASP Isotopes Inc.), Securities Purchase Agreement (Siyata Mobile Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefortherefore, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 26 contracts

Samples: Securities Purchase Agreement (Global Health Ventures Inc.), Securities Purchase Agreement (Aprecia Inc), Securities Purchase Agreement (Mexoro Minerals LTD)

Replacement of Securities. If any certificate or other instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 19 contracts

Samples: Securities Purchase Agreement (Delcath Systems, Inc.), Securities Purchase Agreement (Zevra Therapeutics, Inc.), Securities Purchase Agreement (BioLineRx Ltd.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including provide a customary indemnity) indemnity associated with the issuance of such replacement SecuritiesSecurities which indemnity by the applicant the Company agrees shall be sufficient.

Appears in 13 contracts

Samples: Securities Purchase Agreement (Harvard Apparatus Regenerative Technology, Inc.), Securities Purchase Agreement (Biostage, Inc.), Securities Purchase Agreement (Biostage, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and a customary indemnity. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Superconductor Technologies Inc), Securities Purchase Agreement (Superconductor Technologies Inc), Securities Purchase Agreement (Superconductor Technologies Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and an indemnification relating thereto. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 12 contracts

Samples: Securities Purchase Agreement (IIOT-OXYS, Inc.), Securities Purchase Agreement (Co-Diagnostics, Inc.), Securities Purchase Agreement (Cure Pharmaceutical Holding Corp.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefortherefore, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Revolutionary Concepts Inc), Securities Purchase Agreement (Revolutionary Concepts Inc), Securities Purchase Agreement (HII Technologies, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement SecuritiesShares.

Appears in 11 contracts

Samples: Securities Purchase Agreement (Advaxis, Inc.), Investor Rights Agreement (Rentrak Corp), Securities Purchase Agreement (You on Demand Holdings, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company and its Subsidiaries shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 11 contracts

Samples: Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.)

Replacement of Securities. If any certificate or instrument evidencing any of the Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances destruction and customary and reasonable indemnity (but no bond shall also pay any reasonable third-party costs (including customary indemnity) associated with be required), if requested by the issuance of such replacement SecuritiesCompany.

Appears in 11 contracts

Samples: Preferred Stock and Warrant Purchase Agreement (Access Pharmaceuticals Inc), Preferred Stock and Warrant Purchase Agreement (Access Pharmaceuticals Inc), Preferred Stock and Warrant Purchase Agreement (Sco Capital Partners LLC)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a any new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 10 contracts

Samples: Securities Purchase Agreement (Torrent Energy Corp), Securities Purchase Agreement (Torrent Energy Corp), Securities Purchase Agreement (Torrent Energy Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall will issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)its cancellation, or in lieu of and substitution thereforsubstitution, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such the loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The An applicant for a new certificate or instrument under such circumstances shall also will pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such the replacement Securities.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Bullion River Gold Corp), Securities Purchase Agreement (Bullion River Gold Corp), Securities Purchase Agreement (Bullion River Gold Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction (and an indemnification related thereto). The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Fluoropharma Medical, Inc.), Securities Purchase Agreement (Credit One Financial Inc), Securities Purchase Agreement (Prime Acquisition Corp)

Replacement of Securities. If any certificate or instrument evidencing any of the Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 9 contracts

Samples: Convertible Note Purchase Agreement (Atlas Lithium Corp), Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.), Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities of the Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiescertificate.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Zosano Pharma Corp), Securities Purchase Agreement (Aratana Therapeutics, Inc.), Securities Purchase Agreement (Aratana Therapeutics, Inc.)

Replacement of Securities. If any certificate or instrument ------------------------- evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Zoltek Companies Inc), Securities Purchase Agreement (Questcor Pharmaceuticals Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested by the Company. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 8 contracts

Samples: Common Stock and Warrant Purchase Agreement (Biosante Pharmaceuticals Inc), Securities Purchase Agreement (Express Systems Corp), Securities Purchase Agreement (Manas Petroleum Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities of the Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement SecuritiesShares.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Agenus Inc), Stock Purchase Agreement (Syros Pharmaceuticals, Inc.), Stock Purchase Agreement (Syros Pharmaceuticals, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any destruction and customary and reasonable third-party costs (including customary indemnity) associated with , if requested by the issuance of such replacement SecuritiesCompany.

Appears in 7 contracts

Samples: Common Stock and Warrant Purchase Agreement, Common Stock and Warrant Purchase Agreement (Antares Pharma Inc), Common Stock and Warrant Purchase Agreement (Antares Pharma Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnityindemnity but without any requirement to post any surety bond)) associated with the issuance of such replacement Securities.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Metro One Telecommunications Inc), Securities Purchase Agreement (Basanite, Inc.), Securities Purchase Agreement (Basanite, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen stolen, or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 7 contracts

Samples: Securities Purchase Agreement (JanOne Inc.), Securities Purchase Agreement (VBI Vaccines Inc/Bc), Securities Purchase Agreement (High Wire Networks, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 6 contracts

Samples: Common Stock Subscription Agreement, Investment Agreement (Envestnet, Inc.), Securities Purchase Agreement (Eco-Stim Energy Solutions, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnityindemnity or bond) associated with the issuance of such replacement Securities.

Appears in 6 contracts

Samples: Common Stock Purchase Agreement (Volitionrx LTD), Stock and Warrant Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Interleukin Genetics Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for destruction and receipt of a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary lost Security affidavit and indemnity) associated with the issuance of such replacement Securities.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Bionano Genomics, Inc.), Securities Purchase Agreement (Genius Group LTD), Form of Securities Purchase Agreement (Shuttle Pharmaceuticals Holdings, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also execute a customary affidavit and pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Cleveland Biolabs Inc), Securities Purchase Agreement (Cleveland Biolabs Inc), Securities Purchase Agreement (Cleveland Biolabs Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.. 5.15

Appears in 6 contracts

Samples: Execution Version Securities Purchase Agreement (Kiora Pharmaceuticals Inc), Securities Purchase Agreement (Biolife Solutions Inc), Securities Purchase Agreement (Digital Media Solutions, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any of the Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any destruction and customary and reasonable third-party costs (including customary indemnity) associated with , if requested by the issuance of such replacement SecuritiesCompany.

Appears in 5 contracts

Samples: Convertible Note and Warrant Purchase Agreement (Axs One Inc), Securities Purchase Agreement (Iridex Corp), Convertible Note and Warrant Purchase Agreement (Axs One Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares or Warrants is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 5 contracts

Samples: Securities Purchase Agreement (U.S. Gold Corp.), Securities Purchase Agreement (Verb Technology Company, Inc.), Form of Securities Purchase Agreement (Verb Technology Company, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 5 contracts

Samples: Securities Purchase Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (SANUWAVE Health, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of an affidavit of loss or presentation of other evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Imageware Systems Inc), Securities Purchase Agreement (China Security & Surveillance Technology, Inc.), Securities Purchase Agreement (Neurobiological Technologies Inc /Ca/)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company Amicus shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Amicus of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall may also be required to pay a customary bond and any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Amicus Therapeutics, Inc.), Note and Warrant Purchase Agreement, Note and Warrant Purchase Agreement (Amicus Therapeutics Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company or its transfer agent shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company or its transfer agent of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Kitara Media Corp.), Stock Purchase Agreement (Parkervision Inc), Stock Purchase Agreement (Parkervision Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity or security, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Cortex Pharmaceuticals Inc/De/), Securities Purchase Agreement (Cortex Pharmaceuticals Inc/De/), Securities Purchase Agreement (Cortex Pharmaceuticals Inc/De/)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen stolen, or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft theft, or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Trio Petroleum Corp.), Securities Purchase Agreement (Trio Petroleum Corp.), Securities Purchase Agreement (iQSTEL Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay or provide for any reasonable third-party costs (including a customary indemnity) associated with the issuance of such replacement Securities.

Appears in 4 contracts

Samples: Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement SecuritiesShares.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Enveric Biosciences, Inc.), Securities Purchase Agreement (Ohr Pharmaceutical Inc), Securities Purchase Agreement (Ohr Pharmaceutical Inc)

Replacement of Securities. If any certificate or instrument --------------------------- evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Elinear Inc), Securities Purchase Agreement (Sinovac Biotech LTD), Secured Convertible Debenture Purchase Agreement (Achievement Tech Holdings Inc /Id/)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall will issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall will also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 4 contracts

Samples: Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.), Securities Purchase Agreement (SenesTech, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnityindemnity and transfer agent insurance or lost certificate bonds) associated with the issuance of such replacement SecuritiesSecurities and provide such indemnity as may be required and determined under the Company’s policy as set by the Board of Directors.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Recon Technology, LTD), Securities Purchase Agreement (Recon Technology, LTD), Securities Purchase Agreement (Recon Technology, LTD)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including be required to deliver a customary indemnity) , but without any obligation to post a surety or other bond, associated with the issuance of such replacement Securities.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Processa Pharmaceuticals, Inc.), Securities Purchase Agreement (Smith Micro Software, Inc), Securities Purchase Agreement (Smith Micro Software Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities or Underlying Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities or Underlying Securities.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Digital Brands Group, Inc.), Securities Purchase Agreement (Trio Petroleum Corp.), Securities Purchase Agreement (Digital Brands Group, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Soligenix, Inc.), Securities Purchase Agreement (Soligenix, Inc.), Securities Purchase Agreement (Imprimis Pharmaceuticals, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.. ​

Appears in 3 contracts

Samples: Securities Purchase Agreement (Quoin Pharmaceuticals, Ltd.), Securities Purchase Agreement (Quoin Pharmaceuticals, Ltd.), Securities Purchase Agreement (ACE Convergence Acquisition Corp.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including and provide customary indemnity) associated with the issuance of such replacement Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Xenonics Holdings, Inc.), Securities Purchase Agreement (Xenonics Holdings, Inc.), Securities Purchase Agreement (Drinks Americas Holdings, LTD)

Replacement of Securities. If any certificate or instrument evidencing any Securities securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant holder/applicant(s) for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiessecurities.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Arkados Group, Inc.), Securities Purchase Agreement (Arkados Group, Inc.), Securities Purchase Agreement (Arkados Group, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company Corporation shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Corporation of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement, Form of Securities Purchase Agreement (Mirati Therapeutics, Inc.), Securities Purchase Agreement (Mirati Therapeutics, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares or Warrant Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such the loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any destruction and customary and reasonable third-party costs (including customary indemnity) associated with , if requested by the issuance of such replacement SecuritiesCompany.

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Chatsworth Data Solutions, Inc.), Common Stock and Warrant Purchase Agreement (Adera Mines LTD), Common Stock and Warrant Purchase Agreement (Electric & Gas Technology Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities Stock is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement SecuritiesStock.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Innuity, Inc. /Ut/), Stock Purchase Agreement (Innuity, Inc. /Ut/), Stock Purchase Agreement (Innuity, Inc. /Ut/)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiescertificate or instrument.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Introgen Therapeutics Inc), Securities Purchase Agreement (Pfsweb Inc), Securities Purchase Agreement (Aastrom Biosciences Inc)

Replacement of Securities. If any certificate or instrument evidencing any Offered Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Offered Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Prima BioMed LTD), Securities Purchase Agreement (Genetic Technologies LTD), Securities Purchase Agreement (Genetic Technologies LTD)

Replacement of Securities. If any certificate or instrument evidencing any of the Securities is mutilated, lost, stolen stolen, or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Creative Medical Technology Holdings, Inc.), Securities Purchase Agreement (Creative Medical Technology Holdings, Inc.), Securities Purchase Agreement (Creative Medical Technology Holdings, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such mutilation, loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Cti Group Holdings Inc), Securities Purchase Agreement (Cti Group Holdings Inc), Securities Purchase Agreement (Cti Group Holdings Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen stolen, or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Syntax-Brillian Corp), Securities Purchase Agreement (Syntax-Brillian Corp), Securities Purchase Agreement (Syntax-Brillian Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution thereforherefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Advanced Cell Technology, Inc.), Securities Purchase Agreement (Advanced Cell Technology, Inc.), Securities Purchase Agreement (Advanced Cell Technology, Inc.)

Replacement of Securities. If any certificate or instrument evidencing pertaining to any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Edap TMS Sa), Securities Purchase Agreement (Edap TMS Sa), Securities Purchase Agreement (Edap TMS Sa)

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Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnityindemnity and bonds) associated with the issuance of such replacement Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement (InspireMD, Inc.), Securities Purchase Agreement (Genesis Biopharma, Inc), Securities Purchase Agreement (InspireMD, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities of the Exchange Shares is mutilated, lost, stolen or destroyed, the Company shall issue convey or cause to be issued conveyed in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiessecurities.

Appears in 3 contracts

Samples: Exchange Agreement (Faraday Future Intelligent Electric Inc.), Exchange Agreement (Faraday Future Intelligent Electric Inc.), Exchange and Settlement Agreement (Infinity Energy Resources, Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 3 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Discovery Energy Corp.), Securities Purchase Agreement (Discovery Energy Corp.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for destruction and provision of indemnity reasonably satisfactory o the Company (which may include a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiesbond).

Appears in 3 contracts

Samples: Securities Purchase Agreement (Li3 Energy, Inc.), Securities Purchase Agreement (POSCO Canada Ltd.), Securities Purchase Agreement (Li3 Energy, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company shall will issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall will also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiescertificates.

Appears in 2 contracts

Samples: Purchase Agreement (POSITIVEID Corp), Purchase Agreement (POSITIVEID Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiessecurities.

Appears in 2 contracts

Samples: Common Stock and Warrant Purchase Agreement (Corautus Genetics Inc), Common Stock and Warrant Purchase Agreement (Corautus Genetics Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiessecurities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (MGT Capital Investments Inc), Securities Purchase Agreement (ChromaDex Corp.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, required by the Company's transfer agent. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Escrow Agreement (First Virtual Communications Inc), Registration Rights Agreement (First Virtual Communications Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also execute a customary affidavit and 24 pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Alimera Sciences Inc), Securities Purchase Agreement (Alimera Sciences Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities Security is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement SecuritiesSecurity.

Appears in 2 contracts

Samples: Note and Securities Purchase Agreement, Note and Securities Purchase Agreement (PAVmed Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company shall will issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall will also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiescertificates.

Appears in 2 contracts

Samples: Stock Purchase Agreement (POSITIVEID Corp), Securities Purchase Agreement (POSITIVEID Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall may issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Exchange Agreement (Northwest Biotherapeutics Inc), Note Purchase Agreement (Northwest Biotherapeutics Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities Purchased Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement SecuritiesPurchased Shares.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Greenbrook TMS Inc.), Securities Purchase Agreement (Greenbrook TMS Inc.)

Replacement of Securities. If any certificate or instrument evidencing any of the Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Acquisition and Investor Rights Agreement (Medirect Latino Inc), Securities Purchase Agreement (Wells Gardner Electronics Corp)

Replacement of Securities. If any certificate or instrument evidencing any of the Exchange Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Exchange Agreement (NXT-Id, Inc.), Exchange Agreement (NXT-Id, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence an affidavit of loss reasonably satisfactory to the Company of evidencing such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (DelMar Pharmaceuticals, Inc.), Securities Purchase Agreement (DelMar Pharmaceuticals, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiescertificates.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Guerrilla RF, Inc.), Unit Purchase Agreement (Hoth Therapeutics, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any the Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Neuralstem, Inc.), Securities Purchase Agreement (Neuralstem, Inc.)

Replacement of Securities. If any certificate or instrument evidencing evidencing- any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Security Agreement (Accelerated Pharma, Inc.), Securities Purchase Agreement (Accelerated Pharma, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company Borrowers shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Borrowers of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Interpharm Holdings Inc), Securities Purchase Agreement (Velocity Asset Management Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable required third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Convertible Loan Agreement (CollPlant Biotechnologies LTD), Convertible Loan Agreement (CollPlant Biotechnologies LTD)

Replacement of Securities. If any certificate or instrument evidencing any Securities of the Exchange Warrant is mutilated, lost, stolen or destroyed, the Company shall issue convey or cause to be issued conveyed in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiessecurities.

Appears in 2 contracts

Samples: Exchange Agreement (Infinity Energy Resources, Inc), Exchange Agreement (Infinity Energy Resources, Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.. EXECUTION COPY

Appears in 2 contracts

Samples: Securities Purchase Agreement (Itamar Medical Ltd.), Securities Purchase Agreement (Itamar Medical Ltd.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, ; lost, stolen or destroyed, ; the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Security Agreement (Accelerated Pharma, Inc.), Securities Purchase Agreement (Accelerated Pharma, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Attunity LTD), Securities Purchase Agreement (Attunity LTD)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company Borrower shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefortherefore, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Borrower of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Loan and Securities Purchase Agreement (Aerogen Inc), Loan and Securities Purchase Agreement (Aerogen Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, upon receipt of evidence to the Company’s reasonable satisfaction of such mutilation, loss, theft or destruction, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to . Applicants for such substitute certificates shall also comply with such other reasonable regulations and pay such other reasonable charges incidental thereto as the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiesmay reasonably prescribe.

Appears in 2 contracts

Samples: Purchase Agreement (Westwood One Inc /De/), Purchase Agreement (Westwood One Inc /De/)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall will issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall will also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Bullion River Gold Corp), Securities Purchase Agreement (Bullion River Gold Corp)

Replacement of Securities. If any certificate or instrument evidencing the Note or any Securities Conversion Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securitiesreplacement.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Spy Inc.), Convertible Note Purchase Agreement (Spy Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefortherefore, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft theft, or destructiondestruction and customary and reasonable indemnity, if requested. The applicant applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (PANAMERA HEALTHCARE Corp), Securities Purchase Agreement (Spatialight Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon surrender and cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Comera Life Sciences Holdings, Inc.), Securities Purchase Agreement (Comera Life Sciences Holdings, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary bond or indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Hecla Mining Co/De/), Securities Purchase Agreement (Hecla Mining Co/De/)

Replacement of Securities. If any certificate or instrument evidencing any Securities Notes or Warrants is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement SecuritiesNotes or Warrants.

Appears in 2 contracts

Samples: Securities Purchase and Exchange Agreement (Volcon, Inc.), Securities Purchase and Exchange Agreement (Volcon, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities Shares or Warrant Shares is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any destruction and customary and reasonable third-party costs (including customary indemnity) associated with , if requested by the issuance of such replacement SecuritiesCompany.

Appears in 2 contracts

Samples: Common Stock and Warrant Purchase Agreement (Bioenvision Inc), Common Stock and Warrant Purchase Agreement (Spectrum Pharmaceuticals Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destructiondestruction and customary and reasonable indemnity or bond, if requested. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) and expenses associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Cell Therapeutics Inc), Securities Purchase Agreement (Cell Therapeutics Inc)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation)thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any destruction and customary and reasonable third-party costs (indemnity including customary indemnity) associated with without limitation, an affidavit of loss executed by the issuance of such replacement SecuritiesPurchaser, if requested.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Tasker Capital Corp), Securities Purchase Agreement (Tasker Capital Corp)

Replacement of Securities. If any certificate or instrument evidencing any of the Securities is mutilated, lost, stolen stolen, or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft theft, or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Endexx Corp), Convertible Note Purchase Agreement (Endexx Corp)

Replacement of Securities. If any certificate or instrument evidencing any Securities Security is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Avenue Therapeutics, Inc.), Securities Purchase Agreement (Avenue Therapeutics, Inc.)

Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company and the Issuer shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company and the Issuer of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ener1 Inc), Securities Purchase Agreement (Ener1 Inc)

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