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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 251 contracts
Samples: Securities Purchase Agreement (Accelerate Diagnostics, Inc), Securities Purchase Agreement (Accelerate Diagnostics, Inc), Securities Purchase Agreement (Global Water 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 19 contracts
Samples: Subscription Agreement (Avant Diagnostics, Inc), Subscription Agreement (Avant Diagnostics, Inc), Unit Purchase Agreement (Hoth Therapeutics, 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Asian Financial Inc), Securities Purchase Agreement (Solar Power, Inc.), Escrow Agreement (Asian Financial Inc)
Replacement of Securities. If any certificate or instrument evidencing any Securities or 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 16 contracts
Samples: Exchange Agreement (Protea Biosciences Group, Inc.), Subscription Agreement (Protea Biosciences Group, Inc.), Subscription Agreement (Protea Biosciences Group, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities or the 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 9 contracts
Samples: Subscription Agreement (Protea Biosciences Group, Inc.), Subscription Agreement (Wynnefield Partners Small Cap Value Lp I), Subscription Agreement (GlyEco, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Unit is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesUnit. If a replacement certificate or instrument evidencing any Securities Unit is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 7 contracts
Samples: Note Purchase Agreement (Youngevity International, Inc.), Note Purchase Agreement (Youngevity International, Inc.), Note Purchase Agreement (Youngevity International, 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, 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 and customary and reasonable indemnityindemnity (which shall not include a surety bond), if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 5 contracts
Samples: Purchase Agreement (Tag Entertainment Corp), Purchase Agreement (Uni-Pixel), Purchase Agreement (Tut Systems 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 4 contracts
Samples: Form of Unit Purchase Agreement (Citius Pharmaceuticals, Inc.), Unit Purchase Agreement (Pershing Gold Corp.), Unit Purchase Agreement (Pershing 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, 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 and customary and reasonable indemnity, if requested. The applicants applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 4 contracts
Samples: Warrant Acquisition Agreement (Energy Focus, Inc/De), Warrant Acquisition Agreement (Energy Focus, Inc/De), Warrant Acquisition Agreement (Energy Focus, Inc/De)
Replacement of Securities. If any certificate or instrument evidencing any Acquisition Securities is mutilated, lost, stolen or destroyed, the Company Parent shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefortherefore, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Parent of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiescertificate or instrument. If a replacement certificate or instrument evidencing any Acquisition Securities is requested due to a mutilation thereof, the Company Parent may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Marathon Patent Group, Inc.), Agreement and Plan of Merger (Marathon Patent Group, 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesSecurity. If a replacement certificate or instrument evidencing any Securities Security is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 3 contracts
Samples: Form of Securities Purchase Agreement (Delta Technology Holdings LTD), Securities Purchase Agreement (National Art Exchange, Inc.), Form of Securities Purchase Agreement (China Commercial Credit 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacementreplacement Security.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Cambridge Heart Inc), Convertible Note Purchase Agreement (Cambridge Heart Inc), Purchase Agreement (Cambridge Heart 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-third- party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Mikohn Gaming Corp), Securities Purchase Agreement (Jmar Technologies Inc)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Deerfield shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Deerfield of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Deerfield may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Share Exchange Agreement (China TMK Battery Systems Inc.), Share Exchange Agreement (Deerfield Resources, 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Escrow Agreement (Codesmart Holdings, Inc.), Escrow Agreement (First Independence 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, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence an affidavit reasonably satisfactory to the Company of attesting to such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Navarre Corp /Mn/), Securities Purchase Agreement (Navarre Corp /Mn/)
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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesSecurities and indemnity. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Xethanol Corp), Securities Purchase Agreement (Xethanol Corp)
Replacement of Securities. If any certificate or instrument evidencing any Securities Company 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, 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 and customary and reasonable indemnity, if requested. The applicants applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesCompany Stock. If a replacement certificate or instrument evidencing any Securities Company Stock is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (KBS Fashion Group LTD), Stock Purchase Agreement (KBS Fashion Group LTD)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Russoil shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Russoil of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Russoil may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Share Exchange Agreement (RussOil CORP), Share Exchange Agreement (RussOil CORP)
Replacement of Securities. If any certificate or instrument evidencing any Securities Common 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesCommon Shares. If a replacement certificate or instrument evidencing any Securities Common Shares is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Age Reversal, Inc.), Securities Purchase Agreement (Keating Capital 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 thereofthereof (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 and customary and reasonable indemnity, if requesteddestruction. The applicants 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. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (China Green Material Technologies, Inc.), Securities Purchase Agreement (Sona Mobile Holdings 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 thereofthereof (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 and customary an agreement, in a form reasonably satisfactory to the Company, by the holder of such Securities to indemnify the Company with respect to such mutilated, lost, stolen or destroyed certificate and reasonable indemnity, if requestedthe issuance of such replacement certificate or instrument. The applicants 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. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Applied Dna Sciences Inc), Securities Purchase Agreement (Applied Dna Sciences Inc)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Pubco shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Pubco of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Pubco may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Share Exchange Agreement (Wollemi Mining Corp.), Share Exchange Agreement (Green Star Mining Corp.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Acquiror Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Acquiror Company of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Acquiror Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Share Exchange Agreement (JINHAO MOTOR Co), Share Exchange Agreement (China Chemical 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiescertificate or instrument. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Zoo Entertainment, Inc), Securities Purchase Agreement (Zoo Entertainment, Inc)
Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen stolen, or destroyed, the Company issuer shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company issuer of such loss, theft theft, or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company issuer may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Magellan Petroleum Corp /De/)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company DDLX shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company DDLX of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company DDLX may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Share Exchange Agreement, Share Exchange Agreement (DD's Deluxe Rod Holder, 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, 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 and customary and reasonable indemnityindemnity or bond, if requested. The applicants applicant(s) for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Progressive Gaming International Corp), Securities Purchase Agreement (Progressive Gaming International Corp)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company CYIX shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company CYIX of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company CYIX may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 2 contracts
Samples: Share Exchange Agreement (Goldenway, Inc.), Share Exchange Agreement (Cyber Informatix, Inc.)
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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Subscription Agreement (Protea Biosciences Group, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company YzApp shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company YzApp of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company YzApp may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Magellan Petroleum Corp /De/)
Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company Company, at the Investor’s expense, shall issue or cause to be issued in exchange and substitution for and upon cancellation 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Technology Corp /De/)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Acquisition Corp. shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Acquisition Corp. of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Acquisition Corp. may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company HJH shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company HJH of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company HJH may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (Halcyon Jets Holdings, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company PUBCO shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company PUBCO of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company PUBCO may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Purchase Agreement (Smsa Kerrville Acquisition Corp.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Company 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesCompany Stock. If a replacement certificate or instrument evidencing any Securities Company Stock is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Transfer Agreement (Quinko-Tek International, 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company Genius Inc. or Genius LLC, as appropriate, shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company them of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company Genius Inc. or Genius LLC, as appropriate, may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Genius Products Inc)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company LBAO shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company LBAO of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company LBAO may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities Preferred Stock or the 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Subscription Agreement (Intellicell Biosciences, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Technologies shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Technologies of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Technologies may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (Odyssey Semiconductor Technologies, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company GRC shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company GRC of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company GRC may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Securities Purchase Agreement (China Biologic Products, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Windaus shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Windaus of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Windaus may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (Windaus Global Energy Inc)
Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company issuer shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company issuer of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company issuer may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement. Notwithstanding the foregoing, the terms of the Warrants shall govern the replacement, exchange and substitution of the Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (Real Goods Solar, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company BDS shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company BDS of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company BDS may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (Business Development Solutions, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company BP2 shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company BP2 of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company BP2 may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (China Golden Dragon Travel Group)
Replacement of Securities. If any certificate or instrument evidencing any Securities Company 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiescertificate or instrument. If a replacement certificate or instrument evidencing any Securities Company Stock is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Lansdowne shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Lansdowne of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Lansdowne may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (Lansdowne Security, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Premier shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Premier of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Premier may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company BP1 shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company BP1 of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company BP1 may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (Shengtai Power International, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Realco shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Realco of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Realco may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Securities Exchange Agreement (Realco International, Inc)
Replacement of Securities. If any certificate or instrument evidencing any Securities Conversion 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesConversion Stock. If a replacement certificate or instrument evidencing any Securities Conversion Stock is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.. [Signature Pages Follows]
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities shares is mutilated, lost, stolen or destroyed, the Company issuer shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company issuer of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiesshares. If a replacement certificate or instrument evidencing any Securities shares is requested due to a mutilation thereof, the Company issuer may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Dico shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Dico of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Dico may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company VII shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company VII of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company VII may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Victoria Industries Inc)
Replacement of Securities. If any certificate or instrument evidencing any Purchased 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Purchased Securities or Underlying Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Aerkomm shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Aerkomm of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Aerkomm may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Healthplace shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Healthplace of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Healthplace may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities or the Underlying 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities or the 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.. EXECUTION VERSION
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company YMMF shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company YMMF of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company YMMF may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities is mutilatedmutilated , lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation 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 and customary and reasonable indemnityindemnity (which shall not include a surety bond), if requestedrequested . The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Purchase Agreement (Las Vegas Railway Express, Inc.)
Replacement of Securities. If any certificate ------------------------- or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Parent shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Parent of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Parent may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (Matador 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, 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 Transfer Agent of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities is securitiesis requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Note Purchase Agreement (Protea Biosciences Group, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company TRADEON shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company TRADEON of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company TRADEON may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company QSGI shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company QSGI of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company QSGI may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (Qsgi Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Kranem shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Kranem of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Kranem may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities shares is mutilated, lost, stolen or destroyed, the Company Premier shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Premier of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities shares is requested due to a mutilation thereof, the Company Premier may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Premier Energy 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesSecurity. If a replacement certificate or instrument evidencing any Securities Security is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.. _GDE_ initials -21- __TWH_ initials
Appears in 1 contract
Samples: Securities Purchase Agreement (World Surveillance Group 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, 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 and customary and reasonable indemnityindemnity and customary surety bond, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Authentidate Holding Corp)
Replacement of Securities. If any certificate or instrument evidencing any Securities Acquisition Shares is mutilated, lost, stolen or destroyed, the Company Parent shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefortherefore, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Parent of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiescertificate or instrument. If a replacement certificate or instrument evidencing any Securities Acquisition Shares is requested due to a mutilation thereof, the Company Parent may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (All for One Media Corp.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Note or Conversion Share is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesNote or Conversion Share. If a replacement certificate or instrument evidencing any Securities Note or Conversion Share is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.. 6.8
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Getpoker shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Getpoker of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Getpoker may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Replacement of Securities. If any certificate or instrument evidencing any Purchased 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Purchased Securities. If a replacement certificate or instrument evidencing any Purchased Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Gvi Security 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securities. If a replacement certificate or instrument evidencing any Securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement. 41 6.15.
Appears in 1 contract
Samples: Securities Purchase Agreement
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Dynasty shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Dynasty of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Dynasty may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (Dynasty Energy Resources, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities shares of Common Stock, Warrants or the 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, 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 and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement Securitiessecurities. If a replacement certificate or instrument evidencing any Securities securities is requested due to a mutilation thereof, the Company may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Subscription Agreement (Intellicell Biosciences, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company Love Group shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company Love Group of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company Love Group may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (Love International Group, Inc.)
Replacement of Securities. If any certificate or instrument evidencing any Securities Shares is mutilated, lost, stolen or destroyed, the Company BP6 shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof, or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company BP6 of such loss, theft or destruction and customary and reasonable indemnity, if requested. The applicants for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs associated with the issuance of such replacement SecuritiesShares. If a replacement certificate or instrument evidencing any Securities Shares is requested due to a mutilation thereof, the Company BP6 may require delivery of such mutilated certificate or instrument as a condition precedent to any issuance of a replacement.
Appears in 1 contract
Samples: Share Exchange Agreement (Asia Leechdom Holding Corp)
