Common use of Issue in Substitution for Lost Certificates Etc Clause in Contracts

Issue in Substitution for Lost Certificates Etc. 2.10.1 If any Special Warrant Certificate becomes mutilated or is lost, destroyed or stolen, the Corporation, subject to applicable law and to Section 2.10.2 hereof, will issue, and thereupon the Special Warrant Agent will certify and deliver, a new Special Warrant Certificate of like denomination and tenor and bearing the applicable legends as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such mutilated certificate or in lieu of and in substitution for such lost, destroyed or stolen certificate and the Special Warrants evidenced thereby shall be entitled to the benefits hereof and shall rank equally in accordance with its terms with all other Special Warrants issued or to be issued hereunder. 2.10.2 The applicant for the issue of a new Special Warrant Certificate pursuant to this Section 2.10 shall bear the reasonable cost of the issue thereof and, in the case of loss, destruction or theft, shall as a condition precedent to the issue thereof: a) furnish to the Corporation and to the Special Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Special Warrant Certificate to be replaced as is satisfactory to the Corporation and to the Special Warrant Agent in their discretion, acting reasonably; b) if so requested, furnish an indemnity and surety bond in amount and form satisfactory to the Corporation and to the Special Warrant Agent in their discretion, acting reasonably; and c) if so requested, pay the reasonable charges of the Corporation and the Special Warrant Agent in connection therewith.

Issue in Substitution for Lost Certificates Etc. 2.10.1 (1) If any Special Warrant Certificate becomes mutilated or is lost, destroyed or stolen, the CorporationWorldHeart, subject to applicable law and to Section 2.10.2 hereofSubsection 2.11(2), will shall issue, and thereupon the Special Warrant Agent will certify and deliver, a new Special Warrant Certificate of like denomination and tenor and bearing for the applicable legends purchase of a like number of Common Shares as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such mutilated certificate Warrant Certificate or in lieu of and in substitution for such lost, destroyed or stolen certificate Warrant Certificate and the Special Warrants substituted Warrant Certificate shall be in a form approved by the Warrant Agent and the Warrant evidenced thereby shall be entitled entitle the holder to the benefits hereof and shall rank equally pari passu in accordance with its terms and with all other Special Warrants issued or to be issued hereunder. 2.10.2 (2) The applicant for the issue of a new Special Warrant Certificate pursuant to this Section 2.10 shall 2.11 will bear the reasonable cost of the issue thereof and, and in the case of loss, destruction or thefttheft shall, shall as a condition precedent to the issue thereof: (a) furnish to the Corporation WorldHeart and to the Special Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Special Warrant Certificate to be replaced as is satisfactory to the Corporation WorldHeart and to the Special Warrant Agent each in their discretion, acting reasonably; (b) if so requestedrequired by WorldHeart or the Warrant Agent, furnish an indemnity and surety or bond in amount and form satisfactory to the Corporation WorldHeart and to the Special Warrant Agent each in their discretion, acting reasonably; and (c) if so requested, pay the reasonable charges of the Corporation and the Special Warrant Agent in connection therewith.

Issue in Substitution for Lost Certificates Etc. 2.10.1 (1) If any Special Share Purchase Warrant Certificate becomes mutilated or is lost, destroyed or stolen, the CorporationSMTC Canada, subject to applicable law and to Section 2.10.2 hereofSubsection 2.14(2), will issue, and thereupon the Special Warrant Agent Trustee will certify and deliver, a new Special Share Purchase Warrant Certificate of like denomination date and tenor and bearing the applicable legends as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such mutilated certificate Share Purchase Warrant Certificate or in lieu of and in substitution for such lost, destroyed or stolen certificate Share Purchase Warrant Certificate and the Special Warrants evidenced thereby substituted Share Purchase Warrant Certificate shall be entitled in a form approved by the Trustee and shall entitle the holders to the benefits hereof and shall rank equally pari passu in accordance with its terms and with all other Special Share Purchase Warrants issued or to be issued hereunder. 2.10.2 (2) The applicant for the issue of a new Special Share Purchase Warrant Certificate pursuant to this Section 2.10 shall Subsection 2.14(2) will bear the reasonable cost of the issue thereof and, and in the case of loss, destruction or thefttheft will, shall as a condition precedent to the issue thereof: (a) furnish to the Corporation SMTC Canada and to the Special Warrant Agent Trustee such evidence of ownership and of the mutilation, loss, destruction or theft of the Special Share Purchase Warrant Certificate to be replaced as is satisfactory to the Corporation SMTC Canada and to the Special Warrant Agent Trustee in their discretion, acting reasonably; (b) if so requestedrequired by SMTC Canada or the Trustee, furnish an indemnity and surety bond in amount and form satisfactory to the Corporation SMTC Canada and to the Special Warrant Agent Trustee in their reasonable discretion, acting reasonably; and (c) if so requested, pay the reasonable charges of the Corporation SMTC Canada and the Special Warrant Agent Trustee in connection therewith.

Issue in Substitution for Lost Certificates Etc. 2.10.1 (1) If any Special Warrant Certificate becomes mutilated or is lost, destroyed or stolen, the Corporation, subject to applicable law Applicable Law and to Section 2.10.2 hereof2.10(2), will issue, and thereupon the Special Warrant Agent will certify and deliver, a new Special Warrant Certificate of like denomination and tenor and bearing the applicable legends denomination as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such mutilated certificate Warrant Certificate or in lieu of and in substitution for such lost, destroyed or stolen certificate Warrant Certificate and the Special Warrants evidenced thereby shall substituted Warrant Certificate will be entitled in a form approved by the Warrant Agent and will entitle the holder to the benefits hereof and shall rank equally pari passu in accordance with its terms with all other Special Warrants issued or to be issued hereunder. 2.10.2 (2) The applicant for the issue issuance of a new Special Warrant Certificate pursuant to this Section 2.10 shall will bear the reasonable cost of the issue issuance thereof and, and in the case of loss, destruction or thefttheft will, shall as a condition precedent to the issue issuance thereof: (a) furnish to the Corporation and to the Special Warrant Agent such evidence of ownership and of the loss, destruction or theft of the Special Warrant Certificate to be replaced as is satisfactory to the Corporation and to the Special Warrant Agent in their discretion, acting reasonably; (b) if so requestedrequired by the Corporation or the Warrant Agent, furnish an indemnity and surety (or an indemnity bond in lieu thereof) in amount and form satisfactory to the Corporation and to the Special Warrant Agent in their discretion, acting reasonably; and (c) if so requested, pay the reasonable charges and counsel and advisory fees of the Corporation and the Special Warrant Agent in connection therewith.

Issue in Substitution for Lost Certificates Etc. 2.10.1 (1) If any Special Warrant Certificate becomes mutilated or is lost, destroyed or stolen, the CorporationAltaRex, subject to applicable law and to Section 2.10.2 hereofSubsection 2.11(2), will issue, and thereupon the Special Warrant Agent Trustee will certify and deliver, a new Special Warrant Certificate of like denomination date and tenor and bearing the applicable legends as the one mutilated, lost, destroyed or stolen in exchange for and in place of and on surrender and cancellation of such mutilated certificate Special Warrant Certificate or in lieu of and in substitution for 13 -12- such lost, destroyed or stolen certificate Special Warrant Certificate and the substituted Special Warrants evidenced thereby Warrant Certificate shall be entitled in a form approved by the Trustee and shall entitle the holders to the benefits hereof and shall rank equally pari passu in accordance with its terms and with all other Special Warrants issued or to be issued hereunder. 2.10.2 (2) The applicant for the issue of a new Special Warrant Certificate pursuant to this Section 2.10 shall 2.11 will bear the reasonable cost of the issue thereof and, and in the case of mutilation, loss, destruction or thefttheft will, shall as a condition precedent to the issue thereof: (a) furnish to the Corporation AltaRex and to the Special Warrant Agent Trustee such evidence of ownership and of the mutilation, loss, destruction or theft of the Special Warrant Certificate to be replaced as is satisfactory to the Corporation AltaRex and to the Special Warrant Agent Trustee in their discretion, acting reasonably; (b) if so requestedrequired by AltaRex or the Trustee, furnish an indemnity and surety bond in amount and form satisfactory to the Corporation AltaRex and to the Special Warrant Agent Trustee in their reasonable discretion, acting reasonably; and (c) if so requested, pay the reasonable charges of the Corporation AltaRex and the Special Warrant Agent Trustee in connection therewith.