Common use of Lost Certificates Clause in Contracts

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 14 contracts

Sources: Merger Agreement (Signature Office Reit Inc), Merger Agreement (Signature Office Reit Inc), Merger Agreement (Griffin Capital Essential Asset REIT, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 14 contracts

Sources: Merger Agreement (Thestreet, Inc.), Merger Agreement (theMaven, Inc.), Merger Agreement (Nortek Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 9 contracts

Sources: Merger Agreement (Fuel Systems Solutions, Inc.), Merger Agreement (RCS Capital Corp), Merger Agreement (Investors Capital Holdings LTD)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III3.

Appears in 8 contracts

Sources: Agreement and Plan of Merger (Sonic Financial Corp), Merger Agreement (Speedway Motorsports Inc), Merger Agreement (Foundation Medicine, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation or Parent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation or Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article IIIII.

Appears in 6 contracts

Sources: Merger Agreement (Sierra Income Corp), Merger Agreement (Barings BDC, Inc.), Merger Agreement (Alcentra Capital Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.

Appears in 6 contracts

Sources: Agreement and Plan of Reorganization (Delanco Bancorp, Inc.), Agreement and Plan of Reorganization (BCB Bancorp Inc), Merger Agreement (WSFS Financial Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III3.

Appears in 6 contracts

Sources: Merger Agreement (Goodrich Petroleum Corp), Merger Agreement (Dawson Geophysical Co), Merger Agreement (PharMerica CORP)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article IIIII.

Appears in 5 contracts

Sources: Merger Agreement (Bae Systems PLC), Merger Agreement (BAE Systems, Inc.), Merger Agreement (MTC Technologies Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III3.

Appears in 5 contracts

Sources: Merger Agreement (Sodexho Alliance S A), Merger Agreement (Gibson Greetings Inc), Merger Agreement (American Greetings Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Company Shares formerly represented by such Certificate, as contemplated under this Article III3.

Appears in 5 contracts

Sources: Merger Agreement (Oracle Corp), Merger Agreement (Packeteer Inc), Merger Agreement (Hyperion Solutions Corp)

Lost Certificates. If In the event that any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, require as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is entitled Per Common Share Amount payable pursuant to this Article IIIII.

Appears in 4 contracts

Sources: Merger Agreement (Herbst Gaming Inc), Merger Agreement (Apria Healthcare Group Inc), Merger Agreement (Sands Regent)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the applicable Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 3 contracts

Sources: Merger Agreement (Teva Pharmaceutical Industries LTD), Merger Agreement (Bentley Pharmaceuticals Inc), Merger Agreement (Teva Pharmaceutical Industries LTD)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III3.

Appears in 3 contracts

Sources: Merger Agreement (Santander Holdings USA, Inc.), Merger Agreement (Santander Consumer USA Holdings Inc.), Merger Agreement (Santander Holdings USA, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit in form and substance reasonably acceptable to Parent of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such customary and reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 3 contracts

Sources: Merger Agreement (Bally Technologies, Inc.), Merger Agreement (Scientific Games Corp), Merger Agreement (WMS Industries Inc /De/)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article IIIII.

Appears in 3 contracts

Sources: Merger Agreement, Agreement and Plan of Merger (Norcraft Companies, Inc.), Merger Agreement (Fortune Brands Home & Security, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.

Appears in 3 contracts

Sources: Merger Agreement (Oracle Corp /De/), Merger Agreement (Peoplesoft Inc), Merger Agreement (Oracle Corp /De/)

Lost Certificates. If In the event any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Company or the Surviving EntityCorporation, the posting by such Person person of a bond in such reasonable and customary amount as the Company or the Surviving Entity Corporation, as the case may directbe, may direct as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will shall issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration amount to which the holder thereof such person is entitled pursuant to this Article III.Agreement. ARTICLE IV

Appears in 2 contracts

Sources: Merger Agreement (Ameriwood Industries International Corp), Merger Agreement (Horizon Acquisition Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit affidavit, in form and substance reasonably acceptable to Parent, of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 2 contracts

Sources: Merger Agreement (P&f Industries Inc), Merger Agreement (Hardinge Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by and the Surviving Entity, the posting providing of an indemnity by such Person of a bond Person, in such reasonable form and customary amount as the Surviving Entity may directsubstance reasonably satisfactory to Parent, as indemnity against any claim that may be made against it or the Surviving Corporation with respect to such Certificate, the Exchange Agent Surviving Corporation will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration for the Common Stock or Preferred Stock represented by such Certificate to which the such holder thereof is would be entitled pursuant to this Article III.

Appears in 2 contracts

Sources: Merger Agreement, Merger Agreement (Verint Systems Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.

Appears in 2 contracts

Sources: Merger Agreement (Inland Diversified Real Estate Trust, Inc.), Merger Agreement (Kite Realty Group Trust)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Company Common Shares represented by such Certificate as contemplated by this Article IIIIV.

Appears in 2 contracts

Sources: Merger Agreement (Fortune Brands Inc), Merger Agreement (Fortune Brands Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration applicable merger consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 2 contracts

Sources: Merger Agreement (Eci Telecom LTD/), Merger Agreement (Eci Telecom LTD/)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.3. Article 4

Appears in 2 contracts

Sources: Merger Agreement (Emergent Group Inc/Ny), Merger Agreement (Universal Hospital Services Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Rubicon Project or the Surviving EntityExchange Agent, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Rubicon Project may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 2 contracts

Sources: Merger Agreement (Rubicon Project, Inc.), Merger Agreement (Telaria, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Company Shares formerly represented by such Certificate, as contemplated by this Article III3.

Appears in 2 contracts

Sources: Merger Agreement (Kla Tencor Corp), Merger Agreement (Therma Wave Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such customary and reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.

Appears in 2 contracts

Sources: Merger Agreement (GXS Worldwide, Inc.), Merger Agreement (Open Text Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue shall pay in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 2 contracts

Sources: Merger Agreement (Discover Financial Services), Merger Agreement (Student Loan Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.

Appears in 2 contracts

Sources: Merger Agreement (Cole Credit Property Trust II Inc), Merger Agreement (Spirit Realty Capital, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article IIIII.

Appears in 2 contracts

Sources: Merger Agreement (Us 1 Industries Inc), Merger Agreement (Us 1 Industries Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 2 contracts

Sources: Agreement and Plan of Merger (Clear Channel Communications Inc), Merger Agreement (Clear Channel Communications Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed destroyed, and, if to the extent required by Parent or the Surviving EntityExchange Agent, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may directamount, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration and any dividends or other distributions to which the such holder thereof is entitled pursuant to this Article ARTICLE III.

Appears in 2 contracts

Sources: Merger Agreement (Chesapeake Lodging Trust), Merger Agreement (Park Hotels & Resorts Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen stolen, or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen stolen, or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue issue, in exchange for such lost, stolen stolen, or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares of Company Common Stock formerly represented by such Certificate as contemplated under this Article ARTICLE III.

Appears in 2 contracts

Sources: Merger Agreement (Vidler Water Resources, Inc.), Merger Agreement (Iec Electronics Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit affidavit, in form and substance reasonably acceptable to Parent, of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 2 contracts

Sources: Merger Agreement, Merger Agreement (Compuware Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as Parent or the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.

Appears in 2 contracts

Sources: Merger Agreement (Kite Realty Group, L.P.), Merger Agreement (Retail Properties of America, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as Parent or the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the applicable Merger Consideration Consideration, to which the holder thereof is entitled pursuant to this Article III3.

Appears in 2 contracts

Sources: Merger Agreement (Urstadt Biddle Properties Inc), Merger Agreement (Regency Centers Lp)

Lost Certificates. If any Certificate shall have has been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation or the Paying Agent, the entering into of an indemnity or the posting by such Person of a bond (in such reasonable and customary amount as the Surviving Entity Corporation may direct, ) as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue shall deliver in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 2 contracts

Sources: Merger Agreement (Marlborough Software Development Holdings Inc.), Merger Agreement (Cybex International Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III‎Article 3.

Appears in 2 contracts

Sources: Merger Agreement (Tyson Foods Inc), Merger Agreement (Tyson Foods Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityAMH, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity AMH may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration, Fractional Share Consideration and any distributions to which the such holder thereof is entitled pursuant to this Article III.

Appears in 2 contracts

Sources: Merger Agreement (American Residential Properties, Inc.), Merger Agreement (American Homes 4 Rent)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed destroyed, and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares of Class A Common Stock represented by such Certificate as contemplated by this Article III.

Appears in 2 contracts

Sources: Merger Agreement (Altus Power, Inc.), Merger Agreement (Altus Power, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article IIIIV.

Appears in 2 contracts

Sources: Merger Agreement (American Realty Capital Properties, Inc.), Merger Agreement (Cole Credit Property Trust Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity▇▇▇▇▇▇, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares formerly represented by such Certificate as contemplated under this Article III.

Appears in 1 contract

Sources: Merger Agreement (VistaGen Therapeutics, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation or Parent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation or Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III3.

Appears in 1 contract

Sources: Merger Agreement (Realogy Holdings Corp.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article ‎‎Article III.

Appears in 1 contract

Sources: Merger Agreement (American Realty Capital Trust IV, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.3. ARTICLE 4

Appears in 1 contract

Sources: Merger Agreement (Tyco Electronics Ltd.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving Entity, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Company Common Shares represented by such Certificate as contemplated by this Article IIIIV.

Appears in 1 contract

Sources: Merger Agreement (Fortune Brands Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving EntityPaying Agent, the posting by such Person of a bond bond, in such reasonable and customary amount as Parent or the Surviving Entity Paying Agent may directdetermine is reasonably necessary, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 1 contract

Sources: Agreement and Plan of Merger (Boeing Co)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares of Company Common Stock formerly represented by such Certificate as contemplated under this Article III.

Appears in 1 contract

Sources: Merger Agreement (Tradestation Group Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.3. Table of Contents

Appears in 1 contract

Sources: Merger Agreement (STG Oms Acquisition Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares of Company Common Stock formerly represented by such Certificate, as contemplated under this Article III.2. ARTICLE 3

Appears in 1 contract

Sources: Merger Agreement (Phase Forward Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares of Company Capital Stock formerly represented by such Certificate as contemplated under this Article III.

Appears in 1 contract

Sources: Merger Agreement (Computer Software Innovations, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Per Share Merger Consideration and Redemption Consideration to which the holder thereof is entitled pursuant to this Article ARTICLE III.

Appears in 1 contract

Sources: Merger Agreement (Digital Generation, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article ARTICLE III.

Appears in 1 contract

Sources: Merger Agreement (Westport Innovations Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, direct as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger portion of the Aggregate Consideration to which the holder thereof of such Certificate is entitled pursuant to this Article III3.

Appears in 1 contract

Sources: Merger Agreement (Haggar Corp)

Lost Certificates. If any Certificate shall have been lost, stolen stolen, or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen stolen, or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue issue, in exchange for such lost, stolen stolen, or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares of Company Common Stock formerly represented by such Certificate as contemplated under this Article III.

Appears in 1 contract

Sources: Merger Agreement (International Baler Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 1 contract

Sources: Merger Agreement (Inland Real Estate Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration applicable merger consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 1 contract

Sources: Merger Agreement (Univision Communications Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III‎‎Article 3.

Appears in 1 contract

Sources: Merger Agreement (Roche Holding LTD)

Lost Certificates. If In the event that any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCompany or the Exchange Agent, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Company or the Exchange Agent may direct, require as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is entitled Per Share Amount payable pursuant to this Article III.

Appears in 1 contract

Sources: Merger Agreement (American Community Properties Trust)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the REIT Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the REIT Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the portion of the REIT Merger Consideration to which the holder thereof is entitled pursuant to this Article III3.

Appears in 1 contract

Sources: Merger Agreement (Landmark Apartment Trust, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such lost, stolen or destroyed Certificate, the Exchange Disbursing Agent will issue shall deliver in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.

Appears in 1 contract

Sources: Merger Agreement (Firstcity Financial Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit in form and substance reasonably acceptable to the Paying Agent of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if reasonably required by Parent or the Surviving EntityCorporation, the posting by such Person of a bond bond, in such customary and reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to Consideration, as provided in this Article III, in respect thereof.

Appears in 1 contract

Sources: Merger Agreement (SciPlay Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCompany, the posting by such Person of a bond bond, in such customary and reasonable and customary amount as the Surviving Entity Company may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article ARTICLE III.

Appears in 1 contract

Sources: Merger Agreement (WPX Energy, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if reasonably required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares of Company Common Stock formerly represented by such Certificate as contemplated under this Article III.

Appears in 1 contract

Sources: Merger Agreement (Tasty Baking Co)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving Entity, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 1 contract

Sources: Merger Agreement (American Realty Capital Global Trust II, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III.‎Article 3.\

Appears in 1 contract

Sources: Merger Agreement (MediaMind Technologies Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit affidavit, in form and substance reasonably acceptable to Parent, of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 1 contract

Sources: Merger Agreement (Gardner Denver Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration and Recapitalization Cash Portion to which the holder thereof is entitled pursuant to this Article III.

Appears in 1 contract

Sources: Merger Agreement (Mips Technologies Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed destroyed, and, if to the extent required by Parent or the Surviving EntityExchange Agent, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity may directamount, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration, Fractional Share Consideration and any dividends or distributions to which the such holder thereof is entitled pursuant to this Article III.

Appears in 1 contract

Sources: Merger Agreement (Prologis, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue shall pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Shares represented by such Certificate, as contemplated by this Article III3.

Appears in 1 contract

Sources: Merger Agreement (AVX Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may directdirect (but consistent with past practice of the Company), as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration ADSs to which the holder thereof is entitled pursuant to this Article III.I.

Appears in 1 contract

Sources: Merger Agreement (DSC Communications Corp)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article ARTICLE III.

Appears in 1 contract

Sources: Merger Agreement (Smart & Final Inc/De)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityParent, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue pay the Per Share Amount to be paid in exchange for respect of the shares of Company Common Stock formerly represented by such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to destroyed, Certificate, as contemplated under this Article III.2. ARTICLE 3

Appears in 1 contract

Sources: Merger Agreement (Bidz.com, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such customary and reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 1 contract

Sources: Merger Agreement (Power One Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue pay, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to Common Shares represented by such Certificate, as contemplated by this Article IIIII.

Appears in 1 contract

Sources: Merger Agreement (Morgans Foods Inc)

Lost Certificates. If any Certificate shall have been lost, stolen stolen, or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen stolen, or destroyed and, if required by the Surviving Entity▇▇▇▇▇▇, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue issue, in exchange for such lost, stolen stolen, or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares of Company Common Stock formerly represented by such Certificate as contemplated under this Article ARTICLE III.

Appears in 1 contract

Sources: Merger Agreement (Pfsweb Inc)

Lost Certificates. If In the event that any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person of a bond in such reasonable and customary amount as the Surviving Entity Corporation may direct, require as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue issue, in exchange for such lost, stolen or destroyed Certificate Certificate, the Merger Consideration to which the holder thereof is holders of such Certificates have become entitled pursuant to in accordance with this Article IIIII.

Appears in 1 contract

Sources: Merger Agreement (Conexant Systems Inc)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article IIIII.

Appears in 1 contract

Sources: Merger Agreement (Cumulus Media Inc)

Lost Certificates. If any Company Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Company Certificate to be lost, stolen or destroyed and, if required by Parent or the Surviving EntityExchange Agent, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Company Certificate, the Exchange Agent will issue in exchange for such lost, stolen or destroyed Company Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article ARTICLE III.

Appears in 1 contract

Sources: Merger Agreement (Icad Inc)

Lost Certificates. If any Certificate shall have been lost, stolen stolen, or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen stolen, or destroyed and, if required by the Surviving EntityP▇▇▇▇▇, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Parent may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent will issue issue, in exchange for such lost, stolen stolen, or destroyed Certificate Certificate, the Merger Consideration to which be paid in respect of the holder thereof is entitled pursuant to shares of Company Capital Stock formerly represented by such Certificate as contemplated under this Article III.

Appears in 1 contract

Sources: Merger Agreement (INVO Bioscience, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCorporation, the posting by such Person person of a bond bond, in such reasonable and customary amount as the Surviving Entity Corporation may direct, as indemnity against any claim that may be made against it with respect to such Certificate, the Exchange Agent Surviving Corporation will issue in exchange for such lost, stolen or destroyed Certificate the Merger Consideration to which the holder thereof is entitled pursuant to this Article III.I.

Appears in 1 contract

Sources: Merger Agreement (NCO Group, Inc.)

Lost Certificates. If any Certificate shall have been lost, stolen or destroyed, then upon the making of an affidavit of that fact by the Person claiming such Certificate to be lost, stolen or destroyed and, if required by the Surviving EntityCompany, the posting by such Person of a bond bond, in such reasonable and customary amount as the Surviving Entity Company may direct, as indemnity against any claim that may be made against it the Surviving Company with respect to such Certificate, the Exchange Paying Agent will issue in exchange for such lost, stolen or destroyed Certificate the applicable Merger Consideration to which the holder thereof is entitled pursuant to this Article III.

Appears in 1 contract

Sources: Merger Agreement (Gilat Satellite Networks LTD)