Common use of Certificates and Payments Clause in Contracts

Certificates and Payments. 4.1 On the Effective Date Starcore will deposit the Starcore Shares with the Exchange Agent to satisfy the consideration issuable and/or payable to the C▇▇▇▇▇ Shareholders pursuant to this Plan of Arrangement (other than registered C▇▇▇▇▇ Shareholders validly exercising Dissent Rights and who have not withdrawn their notice of objection). 4.2 On the Effective Date Starcore will deposit cash in the aggregate amount equal to the Option Consideration per C▇▇▇▇▇ Option with C▇▇▇▇▇ to satisfy the consideration payable to the C▇▇▇▇▇ Optionholders pursuant to this Plan of Arrangement. 4.3 After the Effective Date, certificates formerly representing C▇▇▇▇▇ Shares which are held by a C▇▇▇▇▇ Shareholder will, except for C▇▇▇▇▇ Shares held by Dissenters, represent only the right to receive the consideration issuable and/or payable therefor pursuant to Section 3.1 in accordance with the terms of this Plan of Arrangement. 4.4 No dividends or other distributions declared or made after the Effective Date with respect to the Starcore Shares with a record date after the Effective Date will be payable or paid to the holder of any unsurrendered certificate or certificates for C▇▇▇▇▇ Shares which, immediately prior to the Effective Date, represented outstanding C▇▇▇▇▇ Shares and will not be payable or paid until the surrender of certificates for C▇▇▇▇▇ Shares for exchange for the consideration issuable and/or payable therefor pursuant to Section 3.1 in accordance with the terms of this Plan of Arrangement. 4.5 As soon as reasonably practicable after the Effective Date (subject to Section 6.2), the Exchange Agent will send a Transmittal Letter to each registered C▇▇▇▇▇ Shareholder. Each registered C▇▇▇▇▇ Shareholder that submits a duly completed Transmittal Letter to the Exchange Agent, together with the certificate (if any) representing the C▇▇▇▇▇ Shares held by such C▇▇▇▇▇ Shareholder, will receive from the Exchange Agent the certificates representing the Starcore Shares to which such C▇▇▇▇▇ Shareholder is entitled pursuant to Section 3.1(b), which shares will be registered in such name or names and either (i) delivered to the address or addresses as such C▇▇▇▇▇ Shareholder directed in their Transmittal Letter or (ii) made available for pick up at the offices of the Exchange Agent in accordance with the instructions of the C▇▇▇▇▇ Shareholder in the Transmittal Letter. 4.6 As soon as practicable following the Effective Date, C▇▇▇▇▇ will deliver to each holder of C▇▇▇▇▇ Options, as reflected on the register maintained by or on behalf of C▇▇▇▇▇ in respect of the C▇▇▇▇▇ Option Plan, a cheque representing the cash payment which such holder is entitled to receive pursuant to Section 3.1(c), less any amounts required to be withheld pursuant to Section 6.2. 4.7 Any certificate which immediately prior to the Effective Date represented outstanding C▇▇▇▇▇ Shares and which has not been surrendered, with all other instruments required by this Article 4, on or prior to the sixth anniversary of the Effective Date, will cease to represent any claim against or interest of any kind or nature in C▇▇▇▇▇, Starcore or the Exchange Agent. 4.8 In the event any certificate, which immediately before the Effective Time represented one or more outstanding C▇▇▇▇▇ Shares that was exchanged pursuant to Section 3.1, is lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such certificate to be lost, stolen or destroyed, the Exchange Agent will issue in exchange for such lost, stolen or destroyed certificate, the consideration to which such Person is entitled in respect of the C▇▇▇▇▇ Shares represented by such lost, stolen, or destroyed certificate pursuant to Section 3.1 deliverable in accordance with such Person’s Transmittal Letter. When authorizing such issuances or payment in exchange for any lost, stolen or destroyed certificate, the Person to whom consideration is to be issued and/or paid will, as a condition precedent to the issuance and/or payment thereof, give a bond satisfactory to Starcore and its transfer agent in such sum as Starcore may direct or otherwise indemnify Starcore in a manner satisfactory to it, against any Claim that may be made against one or both of them with respect to the certificate alleged to have been lost, stolen or destroyed.

Certificates and Payments. 4.1 On The Purchaser will, following receipt by the Target of the Final Order and prior to the Effective Date Starcore will Time, deposit the Starcore Shares in escrow with the Exchange Agent Depositary the Purchaser Shares to satisfy the consideration issuable and/or payable to the C▇▇▇▇▇ Target Shareholders pursuant to this Plan of Arrangement (other than registered C▇▇▇▇▇ Target Shareholders validly exercising Dissent Rights and who have not withdrawn their notice of objection). 4.2 On the Effective Date Starcore will deposit cash in the aggregate amount equal to the Option Consideration per C▇▇▇▇▇ Option with C▇▇▇▇▇ to satisfy the consideration payable to the C▇▇▇▇▇ Optionholders pursuant to this Plan of Arrangement. 4.3 After the Effective Date, certificates formerly representing C▇▇▇▇▇ Target Shares which are held by a C▇▇▇▇▇ Target Shareholder will, except for C▇▇▇▇▇ Target Shares held by Dissenters, represent only the right to receive the consideration issuable and/or payable therefor pursuant to Section 3.1 in accordance with the terms of this Plan of Arrangement. 4.4 4.3 No dividends or other distributions declared or made after the Effective Date with respect to the Starcore Purchaser Shares with a record date after the Effective Date will be payable or paid to the holder of any unsurrendered certificate or certificates for C▇▇▇▇▇ Target Shares which, immediately prior to the Effective Date, represented outstanding C▇▇▇▇▇ Target Shares and will not be payable or paid until the surrender of certificates for C▇▇▇▇▇ Target Shares for exchange for the consideration issuable and/or payable therefor pursuant to Section 3.1 in accordance with the terms of this Plan of Arrangement. 4.5 4.4 As soon as reasonably practicable after the Effective Date (subject to Section 6.2), the Exchange Agent Depositary will send a Transmittal Letter forward to each registered C▇▇▇▇▇ Shareholder. Each registered C▇▇▇▇▇ Target Shareholder that submits submitted a duly completed Transmittal Letter to the Exchange AgentDepositary, together with the certificate (if any) representing the C▇▇▇▇▇ Target Shares held by such C▇▇▇▇▇ Target Shareholder, will receive from the Exchange Agent the certificates representing the Starcore Purchaser Shares issued to which such C▇▇▇▇▇ Target Shareholder is entitled pursuant to Section 3.1(b), which shares will be registered in such name or names and either (i) delivered to the address or addresses as such C▇▇▇▇▇ Target Shareholder directed in their Transmittal Letter or (ii) made available for pick up at the offices of the Exchange Agent Depositary in accordance with the instructions of the C▇▇▇▇▇ Target Shareholder in the Transmittal Letter. 4.6 As soon as practicable following 4.5 Target Shareholders that did not submit an effective Transmittal Letter prior to the Effective Date, C▇▇▇▇▇ will deliver to each holder of C▇▇▇▇▇ Options, as reflected on the register maintained by or on behalf of C▇▇▇▇▇ in respect Date may take delivery of the C▇▇▇▇▇ Option Planconsideration issuable or payable to them by delivering the certificates representing Target Shares formerly held by them to the Depositary at the offices indicated in the Transmittal Letter. Such certificates must be accompanied by a duly completed Transmittal Letter, a cheque together with such other documents as the Depositary may require. Certificates representing the cash payment which Purchaser Shares issued to such holder is entitled to receive Target Shareholder pursuant to Section 3.1(c)3.1 will be registered in such name or names and delivered to the address or addresses as such Target Shareholder directed in their Transmittal Letter or (ii) made available for pick up at the offices of the Depositary in accordance with the instructions of the Target Shareholder in the Transmittal Letter, less any amounts as soon as reasonably practicable after receipt by the Depositary of the required to be withheld pursuant to Section 6.2certificates and documents. 4.7 4.6 Any certificate which immediately prior to the Effective Date represented outstanding C▇▇▇▇▇ Target Shares and which has not been surrendered, with all other instruments required by this Article 4, on or prior to the sixth anniversary of the Effective Date, will cease to represent any claim against or interest of any kind or nature in C▇▇▇▇▇the Target, Starcore the Purchaser or the Exchange AgentDepositary. 4.8 4.7 In the event any certificate, which immediately before the Effective Time represented one or more outstanding C▇▇▇▇▇ Shares Target Share that was exchanged pursuant to Section 3.1, is lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such certificate to be lost, stolen or destroyed, the Exchange Agent Depositary will issue in exchange for such lost, stolen or destroyed certificate, the consideration to which such Person is entitled in respect of the C▇▇▇▇▇ Target Shares represented by such lost, stolen, or destroyed certificate pursuant to Section 3.1 deliverable in accordance with such Person’s 's Transmittal Letter. When authorizing such issuances or payment in exchange for any lost, stolen or destroyed certificate, the Person to whom consideration is to be issued and/or paid will, as a condition precedent to the issuance and/or payment thereof, give a bond satisfactory to Starcore the Purchaser and its transfer agent in such sum as Starcore the Purchaser may direct or otherwise indemnify Starcore the Purchaser in a manner satisfactory to it, against any Claim that may be made against one or both of them with respect to the certificate alleged to have been lost, stolen or destroyed.

Certificates and Payments. 4.1 On Parent will, following receipt by Target of the Final Order and prior to the Effective Date Starcore will Time, deposit the Starcore Shares in escrow with the Exchange Agent Depositary the Parent Shares to satisfy the consideration issuable and/or payable to the C▇▇▇▇▇ Target Shareholders pursuant to this Plan of Arrangement (other than registered C▇▇▇▇▇ (i) Target Shareholders validly exercising Dissent Rights and who have not withdrawn their notice of objectionobjection and (ii) in respect of Target Shares held by Parent or Purchaser). 4.2 On the Effective Date Starcore will deposit cash in the aggregate amount equal to the Option Consideration per C▇▇▇▇▇ Option with C▇▇▇▇▇ to satisfy the consideration payable to the C▇▇▇▇▇ Optionholders pursuant to this Plan of Arrangement. 4.3 After the Effective Date, certificates formerly representing C▇▇▇▇▇ Target Shares which are held by a C▇▇▇▇▇ Target Shareholder will, except for C▇▇▇▇▇ Target Shares held by Dissenters(i) Dissenting Target Shareholders and (ii) Purchaser or Parent, represent only the right to receive the consideration issuable and/or payable therefor pursuant to Section 3.1 in accordance with the terms of this Plan of Arrangement. 4.4 4.3 No dividends or other distributions declared or made after the Effective Date with respect to the Starcore Parent Shares with a record date after the Effective Date will be payable or paid to the holder of any unsurrendered certificate or certificates for C▇▇▇▇▇ Target Shares which, immediately prior to the Effective Date, represented outstanding C▇▇▇▇▇ Target Shares and will not be payable or paid until the surrender of certificates for C▇▇▇▇▇ Target Shares for exchange for the consideration issuable and/or payable therefor pursuant to Section 3.1 in accordance with the terms of this Plan of Arrangement. 4.5 4.4 As soon as reasonably practicable after the Effective Date (subject to Section 6.2), the Exchange Agent Depositary will send a Transmittal Letter forward to each registered C▇▇▇▇▇ Shareholder. Each registered C▇▇▇▇▇ Target Shareholder that submits submitted a duly completed Transmittal Letter to the Exchange AgentDepositary, together with the certificate (if any) representing the C▇▇▇▇▇ Target Shares held by such C▇▇▇▇▇ Target Shareholder, will receive from the Exchange Agent the certificates representing the Starcore Parent Shares issued to which such C▇▇▇▇▇ Target Shareholder is entitled pursuant to Section 3.1(b3.1(e), which shares will be registered in such name or names and either (i) delivered to the address or addresses as such C▇▇▇▇▇ Target Shareholder directed in their Transmittal Letter or (ii) made available for pick up at the offices of the Exchange Agent Depositary in accordance with the instructions of the C▇▇▇▇▇ Target Shareholder in the Transmittal Letter. 4.6 As soon as practicable following 4.5 Target Shareholders that did not submit an effective Transmittal Letter prior to the Effective Date, C▇▇▇▇▇ will deliver to each holder of C▇▇▇▇▇ Options, as reflected on the register maintained by or on behalf of C▇▇▇▇▇ in respect Date may take delivery of the C▇▇▇▇▇ Option Planconsideration issuable or payable to them by delivering the certificates representing Target Shares or Target Shares formerly held by them to the Depositary at the offices indicated in the Transmittal Letter. Such certificates must be accompanied by a duly completed Transmittal Letter, a cheque together with such other documents as the Depositary may require. Certificates representing the cash payment which Parent Shares issued to such holder is entitled to receive Target Shareholder pursuant to Section 3.1(c)3.1 will be registered in such name or names and delivered to the address or addresses as such Target Shareholder directed in their Transmittal Letter or (ii) made available for pick up at the offices of the Depositary in accordance with the instructions of the Target Shareholder in the Transmittal Letter, less any amounts as soon as reasonably practicable after receipt by the Depositary of the required to be withheld pursuant to Section 6.2certificates and documents. 4.7 4.6 Any certificate which immediately prior to the Effective Date represented outstanding C▇▇▇▇▇ Target Shares and which has not been surrendered, with all other instruments required by this Article 4, on or prior to the sixth anniversary of the Effective Date, will cease to represent any claim against or interest of any kind or nature in C▇▇▇▇▇Target, Starcore Purchaser or the Exchange AgentDepositary. 4.8 4.7 In the event any certificate, which immediately before the Effective Time represented one or more outstanding C▇▇▇▇▇ Target Shares that was were exchanged pursuant to Section 3.1, is lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such certificate to be lost, stolen or destroyed, the Exchange Agent Depositary will issue in exchange for such lost, stolen or destroyed certificate, the consideration to which such Person is entitled in respect of the C▇▇▇▇▇ Target Shares represented by such lost, stolen, or destroyed certificate pursuant to Section 3.1 deliverable in accordance with such Person’s Transmittal Letter. When authorizing such issuances or payment in exchange for any lost, stolen or destroyed certificate, the Person to whom consideration is to be issued and/or paid will, as a condition precedent to the issuance and/or payment thereof, give a bond satisfactory to Starcore Purchaser and its transfer agent in such sum as Starcore Purchaser may direct or otherwise indemnify Starcore Purchaser in a manner satisfactory to it, against any Claim that may be made against one or both of them with respect to the certificate alleged to have been lost, stolen or destroyed.

Certificates and Payments. 4.1 On the Effective Date Starcore Asanko will deposit the Starcore Shares in with the Exchange Agent Depositary the Asanko Shares to satisfy the consideration issuable and/or payable to the C▇▇▇▇▇ PMI Shareholders pursuant to this Plan of Arrangement (other than registered C▇▇▇▇▇ PMI Shareholders validly exercising Dissent Rights and who have not withdrawn their notice of objection). 4.2 On the Effective Date Starcore will deposit cash in the aggregate amount equal to the Option Consideration per C▇▇▇▇▇ Option with C▇▇▇▇▇ to satisfy the consideration payable to the C▇▇▇▇▇ Optionholders pursuant to this Plan of Arrangement. 4.3 After the Effective Date, certificates formerly representing C▇▇▇▇▇ PMI Shares which are held by a C▇▇▇▇▇ PMI Shareholder will, except for C▇▇▇▇▇ PMI Shares held by Dissenters, represent only the right to receive the consideration issuable and/or payable therefor pursuant to Section 3.1 in accordance with the terms of this Plan of Arrangement. 4.4 4.3 No dividends or other distributions declared or made after the Effective Date with respect to the Starcore Asanko Shares with a record date after the Effective Date will be payable or paid to the holder of any unsurrendered certificate or certificates for C▇▇▇▇▇ PMI Shares which, immediately prior to the Effective Date, represented outstanding C▇▇▇▇▇ PMI Shares and will not be payable or paid until the surrender of certificates for C▇▇▇▇▇ PMI Shares for exchange for the consideration issuable and/or payable therefor pursuant to Section 3.1 in accordance with the terms of this Plan of Arrangement. 4.5 4.4 As soon as reasonably practicable after the Effective Date (subject to Section 6.2), the Exchange Agent Depositary will send a Transmittal Letter forward to each registered C▇▇▇▇▇ Shareholder. Each registered C▇▇▇▇▇ PMI Shareholder that submits submitted a duly completed Transmittal Letter to the Exchange AgentDepositary, together with the certificate (if any) representing the C▇▇▇▇▇ PMI Shares held by such C▇▇▇▇▇ PMI Shareholder, will receive from the Exchange Agent the certificates representing the Starcore Asanko Shares issued to which such C▇▇▇▇▇ PMI Shareholder is entitled pursuant to Section 3.1(b), which shares will be registered in such name or names and either (i) delivered to the address or addresses as such C▇▇▇▇▇ PMI Shareholder directed in their Transmittal Letter or (ii) made available for pick up at the offices of the Exchange Agent Depositary in accordance with the instructions of the C▇▇▇▇▇ PMI Shareholder in the Transmittal Letter. 4.6 As soon as practicable following 4.5 PMI Shareholders that did not submit an effective Transmittal Letter prior to the Effective Date, C▇▇▇▇▇ will deliver to each holder of C▇▇▇▇▇ Options, as reflected on the register maintained by or on behalf of C▇▇▇▇▇ in respect Date may take delivery of the C▇▇▇▇▇ Option Planconsideration issuable or payable to them by delivering the certificates representing PMI Shares or PMI Shares formerly held by them to the Depositary at the offices indicated in the Transmittal Letter. Such certificates must be accompanied by a duly completed Transmittal Letter, a cheque together with such other documents as the Depositary may require. Certificates representing the cash payment which Asanko Shares issued to such holder is entitled to receive PMI Shareholder pursuant to Section 3.1(c)3.1 will be registered in such name or names and delivered to the address or addresses as such PMI Shareholder directed in their Transmittal Letter or (ii) made available for pick up at the offices of the Depositary in accordance with the instructions of the PMI Shareholder in the Transmittal Letter, less any amounts as soon as reasonably practicable after receipt by the Depositary of the required to be withheld pursuant to Section 6.2certificates and documents. 4.7 4.6 Any certificate which immediately prior to the Effective Date represented outstanding C▇▇▇▇▇ PMI Shares and which has not been surrendered, with all other instruments required by this Article 4, on or prior to the sixth anniversary of the Effective Date, will cease to represent any claim against or interest of any kind or nature in C▇▇▇▇▇PMI, Starcore Asanko or the Exchange AgentDepositary. 4.8 4.7 In the event any certificate, which immediately before the Effective Time represented one or more outstanding C▇▇▇▇▇ PMI Shares that was exchanged pursuant to Section 3.1, is lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such certificate to be lost, stolen or destroyed, the Exchange Agent Depositary will issue in exchange for such lost, stolen or destroyed certificate, the consideration to which such Person is entitled in respect of the C▇▇▇▇▇ PMI Shares represented by such lost, stolen, or destroyed certificate pursuant to Section 3.1 deliverable in accordance with such Person’s 's Transmittal Letter. When authorizing such issuances or payment in exchange for any lost, stolen or destroyed certificate, the Person to whom consideration is to be issued and/or paid will, as a condition precedent to the issuance and/or payment thereof, give a bond satisfactory to Starcore Asanko and its transfer agent in such sum as Starcore Asanko may direct or otherwise indemnify Starcore Asanko in a manner satisfactory to it, against any Claim that may be made against one or both of them with respect to the certificate alleged to have been lost, stolen or destroyed.

Certificates and Payments. 4.1 On the Effective Date Starcore will deposit the Starcore Shares with the Exchange Agent Depositary to satisfy the consideration issuable and/or payable to the C▇▇▇▇▇ American Consolidated Shareholders pursuant to this Plan of Arrangement (other than registered C▇▇▇▇▇ American Consolidated Shareholders validly exercising Dissent Rights and who have not withdrawn their notice of objection). 4.2 On the Effective Date Starcore will deposit cash in the aggregate amount equal to the Option Consideration per C▇▇▇▇▇ Option with C▇▇▇▇▇ to satisfy the consideration payable to the C▇▇▇▇▇ Optionholders pursuant to this Plan of Arrangement. 4.3 After the Effective Date, certificates formerly representing C▇▇▇▇▇ American Consolidated Shares which are held by a C▇▇▇▇▇ American Consolidated Shareholder will, except for C▇▇▇▇▇ American Consolidated Shares held by Dissenters, represent only the right to receive the consideration issuable and/or payable therefor pursuant to Section 3.1 in accordance with the terms of this Plan of Arrangement. 4.4 4.3 No dividends or other distributions declared or made after the Effective Date with respect to the Starcore Shares with a record date after the Effective Date will be payable or paid to the holder of any unsurrendered certificate or certificates for C▇▇▇▇▇ American Consolidated Shares which, immediately prior to the Effective Date, represented outstanding C▇▇▇▇▇ American Consolidated Shares and will not be payable or paid until the surrender of certificates for C▇▇▇▇▇ American Consolidated Shares for exchange for the consideration issuable and/or payable therefor pursuant to Section 3.1 in accordance with the terms of this Plan of Arrangement. 4.5 4.4 As soon as reasonably practicable after the Effective Date (subject to Section 6.2), the Exchange Agent Depositary will send a Transmittal Letter forward to each registered C▇▇▇▇▇ Shareholder. Each registered C▇▇▇▇▇ American Consolidated Shareholder that submits submitted a duly completed Transmittal Letter to the Exchange AgentDepositary, together with the certificate (if any) representing the C▇▇▇▇▇ American Consolidated Shares held by such C▇▇▇▇▇ American Consolidated Shareholder, will receive from the Exchange Agent the certificates representing the Starcore Shares issued to which such C▇▇▇▇▇ American Consolidated Shareholder is entitled pursuant to Section 3.1(b), which shares will be registered in such name or names and either (i) delivered to the address or addresses as such C▇▇▇▇▇ American Consolidated Shareholder directed in their Transmittal Letter or (ii) made available for pick up at the offices of the Exchange Agent Depositary in accordance with the instructions of the C▇▇▇▇▇ American Consolidated Shareholder in the Transmittal Letter. 4.6 As soon as practicable following 4.5 American Consolidated Shareholders that did not submit an effective Transmittal Letter prior to the Effective Date, C▇▇▇▇▇ will deliver to each holder of C▇▇▇▇▇ Options, as reflected on the register maintained by or on behalf of C▇▇▇▇▇ in respect Date may take delivery of the C▇▇▇▇▇ Option Planconsideration issuable or payable to them by delivering the certificates representing American Consolidated Shares formerly held by them to the Depositary at the offices indicated in the Transmittal Letter. Such certificates must be accompanied by a duly completed Transmittal Letter, a cheque together with such other documents as the Depositary may require. Certificates representing the cash payment which Starcore Shares issued to such holder is entitled to receive American Consolidated Shareholder pursuant to Section 3.1(c)3.1 will be registered in such name or names and delivered to the address or addresses as such American Consolidated Shareholder directed in their Transmittal Letter or (ii) made available for pick up at the offices of the Depositary in accordance with the instructions of the American Consolidated Shareholder in the Transmittal Letter, less any amounts as soon as reasonably practicable after receipt by the Depositary of the required to be withheld pursuant to Section 6.2certificates and documents. 4.7 4.6 Any certificate which immediately prior to the Effective Date represented outstanding C▇▇▇▇▇ American Consolidated Shares and which has not been surrendered, with all other instruments required by this Article 4, on or prior to the sixth anniversary of the Effective Date, will cease to represent any claim against or interest of any kind or nature in C▇▇▇▇▇American Consolidated, Starcore or the Exchange AgentDepositary. 4.8 4.7 In the event any certificate, which immediately before the Effective Time represented one or more outstanding C▇▇▇▇▇ American Consolidated Shares that was exchanged pursuant to to Section 3.1, 3.1 is lost, stolen or destroyed, upon the making of an affidavit of that fact by the Person claiming such certificate to be lost, stolen or destroyed, the Exchange Agent Depositary will issue in exchange for such lost, stolen or destroyed certificate, the consideration to which such Person is entitled in respect of the C▇▇▇▇▇ American Consolidated Shares represented by such lost, stolen, or destroyed certificate pursuant to Section 3.1 deliverable in accordance with such Person’s Transmittal Letter. When authorizing such issuances or payment in exchange for any lost, stolen or destroyed certificate, the Person to whom consideration is to be issued and/or paid will, as a condition precedent to the issuance and/or payment thereof, give a bond satisfactory to Starcore and its transfer agent in such sum as Starcore may direct or otherwise indemnify Starcore in a manner satisfactory to it, against any Claim that may be made against one or both of them with respect to the certificate alleged to have been lost, stolen or destroyed.